Terms & Conditions.
The terms governing use of our website and services.
1. About these Terms
These Terms & Conditions ("Terms") govern your use of dplanetmediahouse.com (the "Website") and the digital marketing, branding, web development, CRM, automation, AI and technology services offered by Desire Planet Media House, [legal entity name], New Delhi, India ("we", "us", "our") (the "Services").
By using the Website, you agree to these Terms, our Privacy Policy and Cookie Policy. Paid engagements are also governed by a written proposal, quotation, statement of work or service agreement (a "Client Agreement"). If there is a conflict, the Client Agreement prevails for that engagement. If you do not agree, please do not use the Website.
2. Our Services
Our Services include, among others: search engine optimisation and local SEO; Google, Meta and other paid advertising; social media and content marketing; branding and creative design; website and landing page design and development; CRM, WhatsApp and workflow automation; AI chatbots and AI-assisted workflows; analytics and dashboards; and custom software and applications.
Information on the Website is general and is not a binding offer. The exact scope, deliverables, timelines, fees and responsibilities are defined only in the Client Agreement. Work outside that scope requires written agreement and may be charged separately.
3. Eligibility
You must be at least 18 years old and legally capable of entering a contract under Indian law. If you act for a business, you confirm you have authority to bind it.
4. Client responsibilities
To let us deliver the Services, you agree to:
- Give accurate information, content, brand assets, approvals and account access on time
- Ensure you own or have the right to use all materials you provide (text, images, logos, videos, music, data)
- Ensure your business, products, claims and offers are lawful and comply with all sector rules that apply to you, including advertising, consumer protection, financial-services, education, health and other regulations
- Obtain all consents and provide all notices required by law before sharing personal data with us or using it for advertising, remarketing, WhatsApp or email marketing
- Maintain ownership and administrator access to your own ad accounts, analytics, domains, hosting and social profiles
Delays or missing inputs from you may delay delivery and results and may lead to additional charges.
5. Fees, taxes and payment
- Fees are as stated in the Client Agreement and are in Indian Rupees (INR) unless stated otherwise.
- Fees are exclusive of GST and other applicable taxes, which are charged additionally. If you deduct TDS, you must provide the relevant certificate.
- Advertising budgets (amounts paid to Google, Meta and similar platforms) are separate from our management fees unless stated otherwise, and are non-refundable once spent.
- Invoices are payable within 7/15 days of issue. We may charge interest of 1.5% per month on overdue amounts and may pause Services or withhold deliverables and account handover until payment is received.
- Advance or milestone payments are non-refundable to the extent work has been performed or third-party costs (domains, hosting, licences, stock assets, plugins, tools) have been incurred.
- Retainer services renew as stated in the Client Agreement and require written notice of 30 days to cancel.
6. No guarantee of results
Digital marketing and technology outcomes depend on many factors outside our control, including search engine algorithm changes, platform policies, competition, seasonality, pricing, product quality, budgets and your responsiveness. We do not guarantee any particular ranking, traffic, lead volume, sales, revenue, follower count, engagement, cost per lead or return on investment. Estimates, forecasts and past case studies are illustrative only. Timeframes for SEO and similar work are typically indicative and not fixed.
7. Third-party platforms and tools
Our Services rely on third-party platforms and tools such as Google (Search, Ads, Analytics, Business Profile), Meta (Facebook, Instagram, WhatsApp), YouTube, LinkedIn, hosting providers, CRMs and AI providers. Their terms and policies apply and may change at any time. We are not responsible for account suspensions, ad rejections, policy changes, pricing changes, outages, API changes or data loss caused by third parties. You must comply with those platforms' terms.
8. AI-assisted work
We may use AI tools to support research, drafting, design, automation or analysis. AI outputs can contain errors or similarities to existing material. We review deliverables reasonably before delivery, but you remain responsible for verifying facts, legal claims and regulatory suitability before publishing. If we build AI chatbots or automations for you, you are responsible for the information, instructions and data you supply to them and for how they are used with your customers.
9. Websites, software and hosting
- Websites, apps and systems are delivered as described in the Client Agreement. Third-party themes, plugins, libraries and APIs remain subject to their own licences.
- We provide a bug-fix support period of 30 days after launch for defects in agreed features. Ongoing maintenance, hosting, security updates, content changes and new features are separate services.
- We are not responsible for issues caused by changes you or others make after handover, or by third-party hosting, plugins or updates.
- Domains, hosting and licences purchased on your behalf should be registered in your name where possible.
10. Intellectual property
- Our property: The Website, its design, text, graphics, logos, code, templates, frameworks, methodologies, tools and reports (excluding your materials) belong to us or our licensors and are protected by law. You may not copy, reproduce or exploit them without written permission.
- Your materials: You keep ownership of materials you supply. You grant us a non-exclusive licence to use them to deliver the Services.
- Deliverables: On receipt of full payment, ownership of custom deliverables created specifically for you (for example, approved logo designs and website content) passes to you, excluding third-party components, stock assets, open-source software, and our pre-existing tools, know-how and reusable code, which we retain or which remain under their own licences.
- Portfolio: Unless you tell us otherwise in writing, we may display non-confidential work and your business name in our portfolio and case studies.
11. Acceptable use
You must not use the Website or Services to: break any law; infringe others' rights; promote illegal, misleading, hateful, fraudulent or otherwise prohibited products or content; send spam or unsolicited messages in violation of law; commit click fraud or buy fake engagement; upload malware; attempt to gain unauthorised access to our or others' systems; or scrape or overload the Website. We may refuse, suspend or end Services where we reasonably believe these rules are being breached.
12. Confidentiality
Each party will keep the other's non-public business, technical and financial information confidential, use it only for the engagement, and disclose it only to those who need it and are bound by similar duties, or where required by law. This obligation continues for [3] years after the engagement ends.
13. Data protection
Each party will comply with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 to the extent in force. Where we process personal data on your behalf, we do so on your instructions, and you are responsible for lawful collection and notices. On request we will agree a data processing addendum. Our handling of Website data is described in our Privacy Policy.
14. Disclaimer
The Website and its content, including blog posts and guides, are provided "as is" and "as available" for general information and are not legal, financial or professional advice. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including accuracy, uninterrupted availability, merchantability, fitness for a particular purpose and non-infringement.
15. Limitation of liability
To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, business, data or goodwill; and (b) our total liability arising out of or in connection with any Services is limited to the fees you paid us for the specific Service giving rise to the claim in the [3] months before the event. Nothing in these Terms limits liability that cannot be limited by law.
16. Indemnity
You agree to indemnify and hold us and our personnel harmless against claims, losses and expenses (including reasonable legal fees) arising from materials or claims you supply, your products or services, your breach of these Terms or the law, or your violation of any third-party rights or platform rules.
17. Term and termination
Either party may end a Client Agreement as set out in it (typically on 30 days' written notice, or immediately for material breach or non-payment that is not fixed within [7] days of notice). On termination: you must pay for work done and costs committed up to that date; we will hand over completed deliverables and access on payment of dues; and clauses that by nature should continue (payment, IP, confidentiality, liability, indemnity, governing law) will survive. We may also restrict Website access at any time for breach of these Terms.
18. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, government orders, power or internet failures, cyber-attacks, or platform or hosting outages.
19. Non-solicitation
During an engagement and for 12 months after, neither party will directly solicit for employment the other's personnel who worked on the engagement, without written consent.
20. Links and third-party content
The Website may link to external sites. We do not control or endorse them and are not responsible for their content or practices.
21. Changes to these Terms
We may revise these Terms from time to time by posting the updated version with a new "Last updated" date. Continued use of the Website after that means you accept the changes. Changes do not alter a signed Client Agreement unless both parties agree in writing.
22. Governing law and dispute resolution
These Terms are governed by the laws of India. The parties will first try to resolve any dispute amicably within [30] days of written notice. If unresolved, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual consent. The seat and venue will be New Delhi, and the language will be English. Subject to that, the courts at New Delhi will have exclusive jurisdiction.
23. General
Entire agreement: these Terms and any Client Agreement are the entire agreement on their subject. Severability: if a provision is unenforceable, the rest continues. No waiver: not enforcing a right is not a waiver. Assignment: you may not assign these Terms without our written consent. Independent parties: nothing creates a partnership, employment or agency. Electronic records: you agree that emails and messages exchanged with us may serve as written notice and records.
24. Contact
Desire Planet Media House
Plot No. 21, Second Floor, Village Perragarhi, Paschim Vihar, New Delhi – 110087, India
+91 7217721027 · info@dplanetmediahouse.com