Social Media Marketing – A PIXEL HOUSE

Terms & Conditions Social Media Marketing for

Contract Timeline: 6 months (from the date of initial payment)

Maximum allotted monthly working hours: 56 Hours which includes roles of:
Copywriting, Storyboarding, Graphic Conceptualization, Graphic Designing, Content Writing, Hashtag Management, Posting, Strategy Creation, Consultancy, Graphic and Content Corrections, Analytic Collection, Report Generation, Advertisement Planning, Ad Management, Video Creation, Video Rendering, etc.

Please note that billing hours are calculated from the employee timesheet that is clocked against each client.

This is an Agreement between (“You”) and ‘A PIXEL HOUSE’ (“Agency”). Please read these Terms and Conditions carefully before you sign or pay for the services.

We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions, however, please do not hesitate to contact us.
By using the services of the Agency, you accept, agree, and bound by these terms and conditions. When using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. Acceptance can be by verbal, email, initiation of payment, or accepting a quote.

1. Terminology:

You, Your, the Client:
We, Us, the company(A Pixel House or 'APH,' and hereinafter referred to as 'the Agency')
SMM / Social Media Marketing / Social Media: A service rendered by 'A PIXEL HOUSE' to the Client's social media platform pages of company or individual.
Users / Visitors: People who visit client's social media platforms.
Handle / Social media Handle: A public username used on social media accounts.
Channel / Social Media Channel: Social media platforms like Facebook, Instagram, twitter, etc.
Material / Media: Images, Graphics, Videos, or any similar digital collaterals created to render social media services.

2. Advertising Material:

Agency has the right to place information pertaining to your business on any of the social media, publisher, and search provider websites.
You authorize Agency to develop content based on information or material provided by you or your designs collected by Agency including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to the Agency are truthful, not misleading, and that you have the authority to represent this product and service information to the Agency.
Articles, press releases, and social media postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the Client provided the content unless requested edits or other communication is received from the Client.
You authorize the Agency to utilize tracking social media page activities, place advertisements, promote pages, store client materials, and record all communication of any or all medium for 'customer service and training' purposes.

3. Subscriptions, Payments and Contract Lengths :

This Agreement shall come into force on the date of receipt of the initial payment, confirmation by email, written media, the initiation of the project or signing of this agreement till the end of the term (mentioned above)or terminated on mutual agreement by both the parties.
During this term, the Client will be required to pay the charges in advance, if applicable charges are not settled in accordance A PIXEL HOUSE has the right to delay all social media posts due to non-payment/ delay in payments. Retainer invoices need to be paid within seven days of your monthly invoice cycle.
Anything that is not covered under the plan proposed in the estimate will be chargeable. Please consult your plan details or contact us for a copy of the same.
Terms and conditions of this agreement are binding on both parties on the date the contract is signed and/or payment is made, which continues for a period of 6 months. Upon completion of the six-month contract period, services will continue on a month-to-month basis until Client provides a written 30-day cancellation notice.
Agency does not believe in increasing the pre-determined price plan or retainer package, even in an extended future; however, in certain exceptional cases, Agency is unable to assess the resources that a particular social media handle needs. Thus, If social media work exceeds predefined monthly working hours for two consecutive months, the Agency holds the right to propose a new budget at the middle of the contract period of contract renewal.
It is sporadic that Agency will propose the increase in the proposed plan at the middle of the month and understands that Client will need time to decide or find a replacement; thus, the work will continue for one month from the date of budget change proposal.
In case of late payment, 10% per week of the total invoice will be added on the next monthly invoice to the Client.

4. Client’s Obligations :

In order for A PIXEL HOUSE to provide the level of service proposed, we will require input from the Client to gather information about the business, products, and services relevant to their brand. The Client shall devote such time as is reasonably necessary to provide this information promptly upon request. Client shall have to engage in suggesting strategies as the brand desires for us to work a plan around the proposed approach.
Client shall be solely responsible for approving relevant and appropriate keywords, titles and descriptions, listings, content, data and data feeds, advertisements, and other relevant media ("Client Content") relating to Client's products or services. The timeliness is critical to campaign performance. For this reason, all monthly or trimonthly content will be considered approved after the content has been sent for approval unless requested edits or other communication received from the Client. The Client will review all such content and confirm the legality, accuracy, completeness, and propriety of such information and verify that services requested comply with the Client's privacy policy. In case of any error unnoticed by the Client, A PIXEL HOUSE shall not be held liable for it.
For delay in response by the Client or delay in post approvals, picture selections, or picture procurement, APH will not be held responsible for the delays incurred from the Client's end. In no way can retainer amount be held back/delayed or forfeited for the aforementioned delays. Once we receive the material, it will require some time to prepare the plan for social media. In such cases, APH cannot commit or adhere to predefined timelines.

5. Use of third-party services :

Agency provides social media marketing, search engine marketing, website optimization, and related services on a local, national, and international basis. As such, we submit information on your behalf to social media sites and search engine providers for whom you must agree to their terms and conditions. These providers may include but are not limited to: Facebook, LinkedIn, Instagram, Twitter, Pinterest, YouTube, and other sites. The terms and conditions of these providers all apply. Agency will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.
A PIXEL HOUSE reserves the right to utilize third-party applications/software for better rendering of the services.
Charges for any extra services including video creation, media buy, purchase of licensed images and content, etc. will be charged extra to the Client. The company will incur such out-of-pocket expenses only after specific approval from the Client.
Photography, Website designing, website development, webpage, lookbook, brochure, poster, etc. are not part of Social Media Services and are chargeable.
Creation of bots or chat messenger for better management of social media messages are not part of social media plan but chargeable.

6. Workflow :

Agency cannot provide the layout or artwork for all the social media channels at one go till the Client does not approve the first draft. Once the creatives and concepts are approved by the Client, and all the corrections have been made, the artwork or layout for all the social media channels will be created and provided to the Client.
Anyone Client can have only one brand-named managed and associated with one social media plan under all social media platforms and channels unless specified in the estimate or terms.
Each event or collection/product launch or promotion takes a lot of resources from the Agency. To balance the same, any event should have a minimum of 15days gap before initiation of the next event. The Client understands that the social media plan proposed is for one brand/ social media handle only, if not specified in the estimate.

7. Responsibility:

Neither party shall disclose to any third party any confidential information of the other party which is acquired prior to or during the term of this agreement. All parties acknowledge that each party owns the Intellectual Property rights of their brand and any designer content created by them.
Comment management, Facebook page set up, Instagram setup, etc. are not part of predefined services. Agency does not interact with the page visitors to avoid any type of miscommunications, false statements or commitments, etc.
Online or offline reputation management is not part of the Agency's services.
A prior notice of one month must be provided to the Agency by the Client. The Client cannot make cancellation or termination of social media services in the middle of the month.
Client will provide all changes or requirements for its artwork or requests pertaining to the service in writing over electronic mediums like email.
Conceptualization of posts can be inspired by available resources online or offline, Client cannot hold us liable for referring to third-party resources.
Any artwork created by the Agency cannot be used for printing purposes; thus all the files created for social media marketing are for resolution of desktop publications only.
We understand the hard work of each collection and products; thus, Agency assures Client that the materials provided by the Client, including passwords and any intellectual properties, will not be leaked or made public. All the members associated withing Agency are bound under legal contract to keep safeguard the details of the Clients internal workings, phone numbers, intellectual properties, artworks, etc. private and under strict supervision and surveillance.

8. Liability :

As advised by the Client, A PIXEL HOUSE will give its best effort to update Social Media in the given time frame, if any. In times of any unforeseen event, if the Agency is unable to update Social Media, the Agency will not be held liable for any loss and damage incurred directly or indirectly owing to the same.
APH shall not be liable for the sale of products or increase in follower count. The Agency will be providing a strategy for social media platforms to promote brands.
A PIXEL HOUSE has no control over engagements (likes, comments, followers, etc.) of any or all post/story/cover, etc. Any increase or decrease in the engagement is directly proportional to the type and quality of the content, number of followers, type of followers, the algorithm of social media, etc.
Where the Agency is providing Social media services, the Client warrants that it is the owner, licensor or has the right to authorize the use of all the content provided by it or its authorized third parties and agents to the Agency and this will not infringe copyright, trademarks, trade names, design rights of any third party and will not contain any material which is obscene, offensive, defamatory and will comply in all respects with all relevant laws, rules and regulations.
With different industries, clients, types of posts, and years of experience, Agency at times willingly or on request suggests the clients for different approaches for their social media plan. If the Client does not implement some or all of the Agency's recommendations, the Agency shall not bear any liability for any lack of success experienced by the Client relating to the Services.
Client cannot hold Agency responsible for a design/ layout or presentation of images chosen by them. If the Client is confident about the layout/ design/ presentation and A PIXEL HOUSE is asked to implement it, the Agency shall not be held responsible for lack of aesthetics or presentation once the same has been approved by the Client.
A PIXEL HOUSE shall connect social media content as per Client's suggestions, if the Client advises none, A PIXEL HOUSE shall update according to the company's preferred date and time as deemed fit.
Though Agency safeguards the copy of materials provided by the Client for creating an artwork, it is not the Agency's responsibility to keep the same safeguarded for more than 1months duration.
Limitation of Liability: In no event shall Agency be liable to Client for any direct, special, indirect or consequential damages, including but not limited to loss of use, loss of profits, loss of data or losses as a result of disclosure of user content or other data, whether in action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with agency's products or services.

9. Festive Posts:

Occasional social media posts on localized events created with the Client's branding on the pre-determined date can be distributed on different social media channels like Instagram, Youtube, Whatsapp, Facebook, etc. is known as Festive post.
Festival posts require a month prior to notification by the Client. The company shall not entertain zero-hour notice or else the quality of the creative cannot be guaranteed due to a shortage of time.
Each festive creative post needs specialized skillsets and resources thus, maximum of 2-3 variations for each festive post can be produced/reproduced for a particular Client.
The following SIX festival posts have been approved by you to which A PIXEL HOUSE will prepare creatives on relevant dates. Please note that the format and sizes for different Social Media can be altered however the creative will remain the same for each festival :
Intellectual Property Rights. All advertising artwork and copy which represents the creative effort of the Agency and/or utilization of creativity, illustrations, labour, composition or material furnished by it, is and remains the property of the Agency, or the relevant third party from whom the Agency has acquired a right of use, including all rights of the copyright therein. The Client understands and agrees that it cannot authorize photographic or other reproductions, in whole or in part, of any such advertising copy for use in any other advertising medium without payment for creative services to the Agency. All logos, website and social media content is considered to be owned by the Client once it has received final approval to go live and payment in full has been received and may be reused, shared and reproduced by the Client.

Advertisement Terms and Conditions

10. Budget & Charges

Advertisement budget for the Client per month shall not exceed five times the monthly Social Media Marketing charges. E.g., The Client's budget is Rs. 20,000/monthly for social media, max total ad budget spends on behalf of the Client by the Agency would be Rs. 1,00,000/monthly.
All statutory taxes/levies (including service tax presently levied on advertising services) shall be borne and paid by the Client to the Agency. Taxes prescribed and practiced by law will be charged on all invoices raised by the company. The Client will be liable for payment of advertisement charges in addition to the taxes incurred by any social media platform. E.g., if the billed advertisement amount is Rs 20,000 the billed amount will be Rs 20,000+ 18% Tax by Social Media platforms.

Since social media platforms show report and performance of the advertisements, Agency shall provide further reports only on request but after minimum 48hrs to produce the same after the completion of the campaign or request of the Client, whichever is done later.
For Advertisement management, a commission charge of 8% will be included in the company's ad invoice for any prepaid campaigns. A commission of 8% + GST return shall be charged as commission for post-paid ads. We shall run ad campaigns only if the monthly budget is INR 10,000 or more. Any ad setup below INR 10,000 will be chargeable @ Rs.1,500 above the commission amount.
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month for that particular month. The credit period for any advertisement charge borne by the company on behalf of the Client will be one month. In case of any pending dues, no new ad campaigns shall be entertained by the Agency.
The Client may not claim a breach, terminate or cancel this agreement if there are typing errors, incorrect ad placements, under deliveries, omissions or errors in advertising, social media, and website content provided by the Agency. The Agency agrees to take corrective action within two business days of notification by the Client, that portion of the advertising, website or social media content which may have been rendered valueless by such typographical errors, incorrect ad placements, under deliveries or omission of copy unless such error arose due to the error or omission of Client, or after the advertisement, website or social media content had been set and proofed or otherwise confirmed by the Client or the advertisement was submitted after the start date. A Pixel House will not be liable to Client for any loss or damage that results from a typing error, incorrect ad placement, under-delivery, omission or error related to the products and services it provides.

Advertising Content: The Agency may, in its sole discretion, edit, alter, omit, reject or cancel at any time any of Client’s digital advertising products or services to meet industry standards or Client’s budget. All digital advertising placements are at the option of the Agency unless the Client purchases a specific placement. Failure to meet placement requests will not constitute cause for adjustment, refund, make good, termination or cancellation of this agreement.

11. Contract :

Agency holds the right to change or update the terms in this contract. Any such changes to this agreement (if any), shall be intimated to the Client by email. If Client fails to acknowledge the updated copy, A PIXEL HOUSE cannot be held responsible for the same.
Retainer Clients: If you are on a monthly marketing retainer, you will be advised in your Agreement the maximum number of monthly marketing hours you are allotted. We strive to use up to your maximum allotted hours per month; however, occasionally, this is not possible because we are awaiting content or approvals from you for the proposed marketing initiatives, or you may have asked to defer some hours in anticipation of a large future initiative. Except as otherwise specified in the agreement, if you do not use all marketing retainer hours in a month, unused hours may roll forward only to the next month. If they are not used in the following month, they are forfeited. If you exceed the maximum number of hours in a month, Agency, at its discretion, will either reduce your bank of hours for the upcoming month or bill you at the rate of Rs.500/hour for any overages.
Disclaimer of Warranties: To the maximum extent permitted by applicable law, Agency and its suppliers disclaim all warranties not expressly outlined in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, concerning Agency services.
Indemnity: Client agrees to indemnify and hold harmless Agency, its owners and employees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) which arise out of, relate to Agency's use of materials furnished by Client (including but not limited to, logos, slogans, trademarks, written content, photographs, video, music, and fonts). Information or data obtained by us from you to substantiate claims made in marketing deliverables shall also be deemed "materials furnished by you." Such claims may include claims for invasion of privacy, defamation, patent, trademark, copyright, or other intellectual property claims. Additionally, Client agrees to indemnify and hold harmless Agency, its owners and employees against any and all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) which arise out of, relate to business ideas, innovations, concepts, websites, web-based applications and the like that Client has generated and has asked Agency to develop or implement. For example, if Client asks Agency to use images of a celebrity in their social media layout, and it is determined that the post's layout/post/story violates social media platform's terms or does not have rights to use the media, Client will indemnify Agency for any claims instituted by the third party. Agency does not take responsibility for determining whether your business ideas, business plans, concepts, media of any kind, or products may interfere with another party's rights or are otherwise in compliance with applicable law. You warrant that any materials, ideas, plans, concepts or innovations that you have presented to Agency and asked Agency to create deliverables for are compliant with applicable federal, state and local laws, rules and regulations.
Excusable Delays: The Agency will not be liable for any damages related to delay or failure to perform due to causes beyond its control, including but not limited to, fire, strike, work stoppage or other labour interruption, freight embargo, terrorism, sabotage, war, civil disturbance, governmental action, rules or regulations, failure of machinery, equipment or information systems, failure of suppliers and digital partners, the elements, flooding, power outages, pandemic/epidemic or interruptions or acts of God. The Agency's inability or failure to perform will not constitute a breach of this agreement. Performance by the Agency of its obligations under this agreement will be suspended during this type of delay or failure to perform. The Client may, however, terminate this agreement if suspension lasts more than thirty (30) days.
No Waiver: The Agency's failure to insist upon the performance by the Client of any term or condition of this agreement or to exercise any of the Agency's rights under this agreement on one or more occasions will not result in a waiver or loss of the Agency's right to require future performance of these terms and conditions or to exercise its rights in the future.
Assignment: Agency may assign, delegate or subcontract any rights or obligations under this Agreement.
Termination: The Agency may reject an advertising order and/or immediately terminate this agreement, upon notice to Client for any of the following reasons: (a) if the Client fails to make payment when due or otherwise fails to perform any of the provisions of this agreement, (b) if the Client makes an assignment for the benefit of creditors, (c) if a petition in bankruptcy or for reorganization under the bankruptcy or insolvency laws is filed by or against the Client, (d) if the Client ceases doing business or is likely to cease doing business or (e) in the opinion of the Agency, the credit of the Client is or may be impaired. If this agreement is terminated for any of these reasons, Client will nevertheless remain liable for balances due on any products and services that were purchased, whether billed or unbilled, and Agency will send an invoice to Client, which Client agrees to promptly pay.
Cancellation: If Client seeks to cancel services prior to the expiration of the term, they may cancel with 30 days written notice provided that they immediately pay all outstanding invoices, the hourly rate for any hours used beyond those included in the agreement, and a cancellation fee equal to one month's service fees under agreement.
Governing Law/Venue: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas and not the principles of conflicts of law thereof. The Parties agree that the venue for any action arising out of this agreement will be West Bengal.

12. Other :
- Last moment changes on weekends or after office hours will not be entertained:
  (Office hours- 9:30am -6:30pm Monday-Friday)
- Agency will try from time to time to improve the Client's service and experience by introducing new methods and systems. If the same does not impact the quality of work of Client directly, Agency holds the right not to inform or update Client.
- Client understands and accepts that Agency can showcase the social media handles of the Client, artwork, videos, posts, or any other layout created by the Agency to prospective customers or on the portfolio, website, social media, etc.
If you have any questions in regards to the proposal, please contact us at: A PIXEL HOUSE Registered Office: 22 Kalakar Street, Kolkata:700007

9540190373, 03346009224, info@apixelhouse.com

Authority: The person(s) signing this Agreement certifies that (s)he is lawfully authorized to purchase services on behalf of their respective company.

I accept the 'terms & conditions' mentioned above.

Please sign for

Clear

Name:
06/03/2026 05:00:51

Plan Details