These Terms of Service ("Terms") govern your access to and use of shunyastra.com and any website design, app development, branding, SEO, ads, social media, or AI & automation services provided by Shunyastra ("we", "us", "our", "Shunyastra"). By visiting our website, requesting a quote, or signing a proposal with us, you ("you", "Client") agree to be bound by these Terms.
1. Acceptance of Terms
By using our website or engaging any of our services, you confirm that you are authorised to accept these Terms on behalf of yourself or the organisation you represent, and that you are at least 18 years of age. If you do not agree with any part of these Terms, please do not use our website or Services.
Where a signed proposal, statement of work (SOW), or service agreement exists for a specific project, its terms take precedence over these general Terms in case of conflict; these Terms apply to everything not explicitly covered in that document.
2. Our Services
Shunyastra provides digital services across seven categories: website design & development, apps & softwares, branding & experience, SEO services, ads services, social media optimization (SMO), and AI & automation. Exact scope, deliverables, timelines, and pricing for any engagement are confirmed in writing (via proposal, quote, or SOW) before work begins.
We reserve the right to refuse, pause, or discontinue service to any client for lawful business reasons, including non-payment, misuse of our Services, or provision of false information.
3. Client Responsibilities
To deliver services effectively, we ask that you:
- Provide accurate, complete, and timely information, content, and feedback needed for the project.
- Provide necessary access to accounts, platforms, or systems (hosting, domain registrar, ad accounts, social profiles) required to complete the work.
- Review and approve deliverables within agreed timeframes to avoid project delays.
- Ensure any content, images, trademarks, or materials you supply to us do not infringe on third-party rights.
- Make payments per the agreed schedule (Section 4).
Delays in providing the above may extend project timelines accordingly and are not considered a breach of our obligations.
4. Quotes, Payment & Refunds
4.1 Pricing structure
Website, app, and platform builds are typically quoted as a fixed project fee, often payable in milestones (e.g. advance, midpoint, delivery). Ongoing services such as SEO, ads, social media, and automation support are typically billed as a recurring monthly management fee. Exact terms are confirmed in your proposal or invoice.
4.2 Payment terms
- Invoices are due per the schedule stated on the invoice or proposal, generally within 7 days unless otherwise agreed.
- Work may be paused if payment is overdue, and further deliverables withheld until the account is brought current.
- Third-party costs (ad spend, licenses, plugins, stock assets, domains, hosting) are billed separately unless explicitly included in a package.
4.3 Refunds
Advance/retainer payments are generally non-refundable once work has commenced, as they cover time, resources, and third-party costs already allocated to your project. Any project-specific refund terms will be stated in your proposal or SOW and will govern over this general clause.
5. Project Timelines & Revisions
Estimated timelines are provided in good faith based on the agreed scope and timely client cooperation. Timelines may shift due to delayed feedback, scope changes, or third-party dependencies (e.g. platform approvals). A reasonable number of revision rounds are included per project as defined in your proposal; requests beyond that scope may be quoted separately.
6. Ownership & Intellectual Property
Every account, codebase, domain, and creative asset we build or manage stays in the client's own name and infrastructure. There is no dependency on Shunyastra continuing an engagement to keep using what was built.
Upon full payment for a deliverable, ownership of the final approved output (website code, designs, brand assets, ad creatives, content calendars, etc.) transfers to the client, except for:
- Any third-party licensed assets (stock photography, fonts, plugins, themes) which remain subject to their original license terms.
- Our own pre-existing tools, frameworks, templates, or proprietary processes used to deliver the work, which we retain rights to and may reuse for other clients.
We may request permission to showcase completed work in our portfolio, case studies, or marketing materials unless you request otherwise in writing.
7. Confidentiality
We treat business information, credentials, and project details you share with us as confidential, and will not disclose them to third parties except as needed to deliver the service (e.g. hosting providers) or as required by law. If a separate Non-Disclosure Agreement (NDA) has been signed, its terms take precedence.
8. Third-Party Platforms & Tools
Delivering our Services often involves third-party platforms — hosting providers, Google, Meta, LinkedIn, YouTube, payment gateways, analytics and automation tools. We are not responsible for outages, policy changes, account suspensions, or price changes made by these third parties, though we will make reasonable efforts to advise and support you through such issues.
9. Acceptable Use
You agree not to use our website or Services to:
- Violate any applicable law or regulation.
- Infringe on the intellectual property or privacy rights of others.
- Transmit malicious code, spam, or attempt unauthorised access to our systems.
- Request or direct us to create deceptive, fraudulent, or illegal content or campaigns.
10. Warranties & Disclaimers
We provide our Services with reasonable skill and care, based on our professional expertise and industry best practice at the time of delivery. However, we do not guarantee specific business outcomes such as search engine rankings, ad campaign ROI, follower growth, or revenue figures, as these depend on factors outside our control, including third-party platform algorithms and market conditions.
Our website and Services are provided "as is" without warranties of any kind, either express or implied, except as required by applicable law.
11. Limitation of Liability
To the maximum extent permitted by law, Shunyastra shall not be liable for any indirect, incidental, special, or consequential damages, or loss of profits, revenue, data, or business opportunity, arising from your use of our Services. Our total liability for any claim arising from an engagement shall not exceed the total fees paid by you to us for that specific project in the three (3) months preceding the claim.
12. Indemnification
You agree to indemnify and hold Shunyastra harmless from any claims, damages, liabilities, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of our Services, or content/materials you provided to us that infringe on a third party's rights.
13. Termination
Either party may terminate an ongoing engagement with written notice as specified in the applicable proposal or SOW (typically 15–30 days for retainer-based services). Upon termination, you remain responsible for payment of all work completed and costs incurred up to the termination date. We will hand over completed deliverables and access to owned accounts within a reasonable period following final payment.
We may suspend or terminate access to our Services immediately in cases of non-payment, illegal use, or breach of these Terms.
14. Governing Law & Disputes
These Terms are governed by the laws of India. Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Ghaziabad, Uttar Pradesh, India. Both parties agree to first attempt to resolve any dispute in good faith through direct negotiation before pursuing formal legal action.
15. Changes To These Terms
We may revise these Terms from time to time to reflect changes in our business practices or legal requirements. The "Last updated" date at the top of this page reflects the most recent revision. Material changes affecting active engagements will be communicated directly to affected clients. Continued use of our website or Services after changes take effect constitutes acceptance of the updated Terms.
16. Contact Us
If you have questions about these Terms of Service, reach out to us:
Shunyastra
We're happy to walk through any clause before you sign a proposal with us.