Terms & Conditions | hornbill Media

Terms and Conditions

Effective Date: 20 January 2023

Welcome to Hornbill Media! These Terms and Conditions (“Terms”) govern your use of our digital marketing services provided by Hornbill Media (“we,” “us,” or “our”). By engaging with us, you (“Client” or “you”) agree to these Terms. Please read them carefully.

1. Services Provided

Hornbill Media offers a variety of digital marketing services including but not limited to:

Social Media Management
Search Engine Optimization (SEO)
Paid Advertising (PPC, Google Ads, Facebook Ads)
Content Creation and Strategy
Website Design and Development
Email Marketing
Analytics and Reporting

The specific services to be provided to the Client will be outlined in the individual Service Agreement.

2. Client Responsibilities

To ensure the success of the services, the Client agrees to:

Provide accurate, complete, and up-to-date information and materials as required.
Maintain timely communication with Hornbill Media throughout the project.
Respond to requests and inquiries from Hornbill Media in a reasonable timeframe.
Ensure access to necessary accounts (e.g., Google Analytics, social media accounts) is granted to Hornbill Media.

3. Payment and Fees

All fees for services will be outlined in the Service Agreement and are due as per the payment terms mentioned therein.
Payments for ongoing services are billed on a [monthly/quarterly] basis unless otherwise specified.
Payments are due within 7 (seven) days from the date of the invoice.
Late payments may incur interest or service interruptions until the balance is settled.

4. Term and Termination

The term of this agreement will begin on the date of signing or the date services are first provided, whichever is earlier, and will continue until terminated by either party.
Either party may terminate this agreement with [30] days written notice.
Hornbill Media reserves the right to suspend or terminate services immediately if the Client violates any material provision of these Terms or fails to make timely payments.

5. Intellectual Property

Client Materials: The Client retains ownership of all intellectual property rights to the materials they provide, such as logos, images, and content.
Hornbill Media Materials: Hornbill Media retains ownership of all intellectual property rights in its pre-existing content, tools, methodologies, and proprietary processes.
Work Product: Upon full payment, the Client will own the deliverables created during the course of the project, such as reports, social media posts, advertisements, and website designs, subject to any pre-existing third-party rights.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This obligation will continue beyond the termination of the agreement.

7. Limitation of Liability

Hornbill Media will provide services using commercially reasonable efforts but makes no guarantees regarding specific results, including but not limited to increases in traffic, sales, or rankings.
In no event will Hornbill Media be liable for any indirect, special, incidental, or consequential damages arising out of or in connection with the services provided, regardless of the form of action, whether in contract or tort.
Our liability is limited to the total amount paid by the Client for services rendered in the [three] months preceding the claim.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless Hornbill Media, its affiliates, employees, and agents from any claims, damages, liabilities, and expenses (including attorney fees) arising out of:

The Client's breach of these Terms.
The Client's use of the services in a way that violates applicable laws or regulations.
The Client's use of third-party content that infringes on intellectual property rights.

9. Force Majeure

Neither party will be liable for any delay or failure in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, or technical failures.

10. Amendments

Hornbill Media reserves the right to modify or update these Terms at any time. Any changes will be communicated to the Client, and continued use of our services after such changes will be deemed acceptance of the updated Terms.

11. Dispute Resolution

Any disputes or claims arising out of these Terms or the services provided will be resolved through [mediation/arbitration] before a neutral third party, in [location], in accordance with the rules of [arbitration organization].
If a dispute cannot be resolved through mediation or arbitration, the parties agree that any legal action will be filed in the courts of [location].

12. Governing Law

These Terms will be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.

13. Entire Agreement

These Terms, together with any Service Agreements or proposals between Hornbill Media and the Client, constitute the entire agreement between the parties with respect to the services provided. Any prior agreements, whether written or oral, are superseded by these Terms.

If you have any questions about these Terms, please contact us at:

Hornbill Media
P-58/13 DELHI CANTT NEW DELHI - 110010
info@hornbillmedia.co
+91 8130189680