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Terms of Service – Mojo Creatives

Last Updated: April 29, 2025

These Terms of Service govern all services, deliverables, and engagements provided by Mojo Creatives, a freelance digital marketing and creative solutions agency headquartered in Kolkata, West Bengal, India.
By engaging with Mojo Creatives, you agree to these Terms. If this doesn’t work for you, do not proceed with our services.

1. Definitions

  • Agency / We / Us / Mojo Creatives: Refers to Mojo Creatives, Kolkata.

  • Client / You: The individual, brand, or business purchasing services.

  • Services: Any and all offerings by Mojo Creatives, including digital marketing, branding, creative production, influencer marketing, strategy consulting, SEO, paid ads, web content, or any related deliverables.

  • Agreement: Any signed contract, proposal approval, invoice confirmation, or written acceptance online or through email/WhatsApp.

2. Scope of Services

Mojo Creatives delivers services as outlined in the approved proposal or written communication.
Anything beyond the documented scope is treated as additional work and billed at applicable rates.

We reserve the right to upgrade, modify, or discontinue service offerings without prior notice.

3. Client Responsibilities

Clients must:

  • Provide complete, accurate, and lawful brand information.

  • Share timely approvals, creative assets, credentials, and feedback.

  • Ensure all submitted materials do not infringe third-party rights.

  • Avoid requesting content or campaigns that violate Indian law, advertising norms, or platform policies (Meta, Google, etc.)

Delays from your end automatically shift timelines. No exceptions.

4. Payment Terms

Unless mutually agreed otherwise:

  • Payments must be made upfront or as per milestone billing.

  • Prices exclude ad spends, media budgets, influencer charges, or third-party fees.

  • Late payments may pause or terminate ongoing work.

  • Fees are non-refundable once work has begun.

  • Monthly retainers renew automatically unless cancelled as per Section 12.

Mojo Creatives operates on commitment and consistency—timely payments are non-negotiable.

5. Deliverables & Revisions

Mojo Creatives will provide deliverables as per project timelines.
Revision terms:

  • Standard: 1–2 rounds of revisions (depending on service).

  • Changes after approval, strategy pivots, or brand rethinking = extra billing.

  • Revisions based on new creative directions are considered new tasks.

Delays in client approvals directly affect output schedules.

6. Performance Disclaimer

Digital results depend on algorithms, market behavior, competition, and external platforms.
Mojo Creatives does not guarantee:

  • Revenue

  • Sales

  • Lead volume

  • Viral performance

  • Algorithm prioritization

  • ROI benchmarks

We guarantee expertise, execution, and strategy—never unrealistic, platform-dependent outcomes.

7. Intellectual Property Rights

  • All deliverables created by Mojo Creatives are transferred to the client only after full payment is cleared.

  • Raw files, working files, strategy documents, templates, scripts, and proprietary frameworks remain the property of Mojo Creatives unless purchased separately.

  • Clients may not resell, redistribute, or repurpose proprietary materials.

  • Mojo Creatives may showcase project outcomes (excluding sensitive data) in its portfolio unless restricted by NDA.

8. Confidentiality

Both parties agree to maintain strict confidentiality regarding:

  • Marketing strategies

  • Proprietary processes

  • Credentials

  • Business data

  • Financial data

  • Unpublished creative assets

Mutual confidentiality is a baseline expectation, not a bonus.

9. Third-Party Platforms & Tools

Mojo Creatives is not responsible for:

  • Platform errors (Meta, Google, YouTube, etc.)

  • Account bans from past client violations

  • Technical glitches

  • Algorithm changes

  • Downtime, crashes, or bugs

  • Payment failures or ad disapprovals on third-party systems

We manage the strategy, not the platforms.

10. Limitation of Liability

Mojo Creatives is not liable for:

  • Loss of revenue or profits

  • Loss of data

  • Reputational impact

  • Business interruptions

  • Indirect, incidental, or consequential damages

Our total liability, if ever applicable, is capped at the total project fee paid to date.

11. Indemnification

You agree to indemnify and hold Mojo Creatives harmless from claims, damages, losses, or liabilities arising from:

  • Illegal or infringing materials provided by you

  • Misuse of deliverables

  • Violation of laws or platform policies

  • Breach of these Terms

12. Termination Policy

Mojo Creatives or the client may terminate engagements as follows:

  • Monthly retainers: Require a 30-day written notice.

  • Project-based work: No refunds; deliverables completed up to termination date will be shared.

  • Immediate termination (without refund) if the client:

    • Engages in unethical or illegal requests

    • Becomes abusive or unprofessional

    • Fails to pay outstanding dues

    • Violates these Terms

Mojo Creatives is selective about partnerships—professional conduct is non-negotiable.

13. Refund & Cancellation

  • No refunds once work has started.

  • No refunds for digital products, strategy documents, or content already created.

  • Ad budgets on Meta/Google are governed by their platform-specific rules.

  • Cancellations do not entitle clients to partial refunds unless explicitly agreed.

Time spent cannot be unspent; therefore, no retroactive refunds.

14. Portfolio Rights

Mojo Creatives may use completed work, screenshots, strategic outcomes, or campaigns in:

  • Website portfolio

  • Case studies

  • Social media

  • Pitch decks

Sensitive business information will never be disclosed. NDA overrides this clause.

15. Communication Protocol

Official communication channels:

  • Email

  • WhatsApp Business

  • Scheduled calls

  • Project management tools (if used)

Unscheduled calls, excessive revisions, or prolonged discussions may be billed as consultation.

16. Modifications to Terms

Mojo Creatives reserves the right to update these Terms anytime.
The updated version becomes effective immediately upon posting on the website.

17. Governing Law

These Terms are governed by the laws of India and fall under the exclusive jurisdiction of:
Courts of Kolkata, West Bengal.

18. Contact Details

Mojo Creatives
Kolkata, West Bengal, India
Email: info@mojocreatives.co.in