Terms and Conditions

Guidelines

Marketing projects, whether related to strategy, digital work, or any other aspect of improving marketing position, may involve differing views, opinions, and scopes of work. In the below Terms and Conditions, "agency" refers to Proxima Infinity. Any references to "client," "brand," or "account" pertain to the client’s brand or company receiving the services.
To safeguard the interests of all parties involved and ensure a clear path forward, the following guidelines are established:

Scope and Direction: The below Terms and Conditions outline the agreed-upon scope, direction, and procedures for progressing with marketing campaigns. It supersedes any verbal or written discussions previously held and will serve as the definitive guide for the project.
Mutual Respect: These guidelines respect the efforts and contributions of both parties and aim to provide a clear framework for collaboration and project execution.
Final Authority: The below Terms and Conditions will be the authoritative reference for all aspects of the project, ensuring that both parties are aligned and that the project progresses smoothly.
Expert Guidance: By engaging with us on any project, clients acknowledge and agree to our direction and expertise in leading their marketing plan and strategy. Our experience with brands across various industries positions us to provide the best marketing solutions.
Agreement to Direction: Any disagreements regarding the direction of the project should be discussed constructively. As experts in the field, we are responsible for guiding the marketing efforts, and the client’s agreement to work with us signifies their trust in our strategic direction and work.
Perception of Deliverables: Perceptions of lesser deliverables or results are considered subjective. The agency’s direction and guidance must be adhered to, as we are based on our professional experience and understanding of effective marketing practices.
Commitment to Strategy: The client’s commitment to following our guidance is essential for achieving optimal results. Our role is to provide expert recommendations and lead marketing efforts in alignment with industry best practices.
Professionalism and Respect: All work and communication should be conducted fairly and respectfully. The use of derogatory language or references is not acceptable and will not be tolerated by the agency.
Constructive Feedback: Any disagreements regarding the design should be addressed professionally. We encourage the use of constructive language to maintain the quality of discussions and ensure productive outcomes.
Collaborative Support: The agency values your direction and support in defining how your brand should be presented. Any criticism or personal opinions on the design should be accompanied by valid proofs, reference links, or supporting images and videos to facilitate a clear and effective review process.
Timely Approval: Designs should be approved promptly to ensure regular and timely posting. Fast feedback helps us maintain the project schedule and achieve the best results.
Constructive Input: POCs with personal suggestions are welcome. However, suggestions from those without design understanding or experience may impact the project negatively.
Timely Feedback: If the client does not provide timely feedback or direction via WhatsApp, the agency cannot be held responsible for any delays or reduced deliverables.
For any project, it is crucial for the client to provide references of similar players in the industry—specifically those of comparable organization size, location, or business model. Comparing the client’s organization with significantly larger or different industry players may negatively impact the project.
It is the client's responsibility to identify and share these relevant references so that we can effectively gauge their progress, and presentation, and tailor our plans accordingly.
The agency operates Monday to Friday from 11 am to 5 pm. We are available for contact between 1pm and 5pm only. Please initiate communication Primarily first only via WhatsApp or voice message for any queries or suggestions. Responses may not be provided outside the working days and hours, and the agency may have holidays on festive or other days without prior notice.

1.⁠ ⁠Timeline for Project Initiation

The agency will commence Internal Strategy Planning within 2 business days following the receipt of full payment.

A Strategy Meeting will be scheduled with the client team and our Brand Manager.

The project start date is considered from the date the first design is shared by us.

If the client does not respond to the meeting request or provide feedback on designs, or if they fail to share the requested product or service data within one week of payment, the project start date will be considered the 7th day from the payment date. The start date needs to be respected in all cases.

2.⁠ ⁠Communication and Approval Process

Point of Contact: The client agrees to designate one primary point of contact (POC) who will be responsible for providing approvals, feedback, and decision-making. This ensures clear and efficient communication.

All communication and requests should be processed and shared exclusively through WhatsApp Only.

Additionally, any communication conducted via phone call must be documented in writing on WhatsApp by the client to ensure that everyone is informed and that information is easily accessible and shared.

Approval Timeline: The client must provide feedback or approval within 1 business day of receiving designed deliverables or requests. Delays in feedback may impact project timelines and deliverables for which the agency would not be responsible.
Initial Revisions: One round of minor corrections or edits is included in the initial design fee.

Additional Edits: Any secondary or additional revisions beyond the initial round will be charged at the agency’s discretion.

3.⁠ ⁠Monthly Strategy Meetings

Frequency: An online strategy meeting will be held once a month to review performance, discuss the upcoming month's plan of action, and address any specific focus areas or changes required.

Strategy meetings can only be organised offline at our office with a prior invitation by us to the client.
Unwelcomed visitors are not allowed.
Please note that any additional meetings requested by the client may incur a consulting fee of INR 12,500 per hour for each member of our team involved, and is to be calculated and rounded off to the next higher number of hour, in the mutiple of 1 hr each only. The agency reserves the right to adjust the consultation fee at its discretion.
-Any client communication unrelated to the project, including phone calls, meetings at your location/our location/ online meet/phone call discussion, or refund requests, will be charged as per the rates outlined in the agreement. Calls are considered consultations and will be billed in hourly increments, even for brief interactions, as per above given rate. Non-payment or refund-related queries will incur these consultation charges and it is not required for us to communicate that to the client as it is clearly mentioned here in terms and conditions.

4.⁠ ⁠Renewal of Services

Duration: The initial term of the Project is 30 Days, starting from the project initiation date. The Project will automatically renew for successive 30 days terms unless the Client party provides written notice of termination 2 days before the end of the current term.

5.⁠ ⁠Raw Content Provision

Client Responsibility: The client is responsible for providing all raw content (e.g., images, videos, text) needed for the execution of the services. The agency will not be held responsible for delays or issues arising from the lack of or delay in receiving the required raw content.

Content Ownership: The client retains ownership of all raw content provided.

6.⁠ ⁠Scope of Services

Deliverables are specified in a Strategy Plan Shared by us. Client delays in providing data may reduce deliverables and impact timelines.
Should the strategy/proposal be provided at the agency's discretion after payment, it will be considered final and serve as the binding guideline for the payment made by the client. The terms and conditions outlined in the strategy/proposal will supersede any prior verbal or written communication and will govern the entire project.
The agency reserves the right to make changes to the strategy or proposal at any time during or after the project, at its discretion, and the client will be required to adhere to these changes.

The overall work of planning and strategy is the primary focus of the project, with deliverables being a secondary aspect. Reduced deliverables may occur due to the client’s delay in providing necessary data or approvals.

The agency's role is to manage the account comprehensively, with deliverables such as posts, reels, videos, and images serving as targets rather than guarantees. To maintain the exclusivity of the account and avoid over-saturating followers, the agency may choose to adjust the number of posts.

The agency cannot be held liable for any reduced deliverables in any case.
Any additional work or project beyond the scope outlined in the strategy or proposal will be billed according to our applicable rates for the specific task or project. The client is responsible for making payment for such additional work. Failure to make payment or rejection of completed work is unacceptable. It is the client’s responsibility to fully understand the scope of work mentioned in the strategy and should not assign any additional work beyond the scope of the project as mentioned in the Proposal or the strategy. The agency reserves the right to withhold access to client passwords, digital accounts, or any assets and will not cooperate with access or data transfers, or deliver any further projects, if payments for the current or additional billed work or any due amount is not made.

If the client requests to stop the project, any work will cease immediately, and the entire amount paid will be forfeited. Projects are not assessed by the number of deliverables but are valued, priced, and planned based on a commitment that often spans an entire month or longer, as marketing strategies are long-term investments.

Payments made are non-refundable and non-transferable under any circumstances. Any disputes regarding differences in deliverables will not be entertained.

It is the client's responsibility to proactively plan and support the project by providing timely decisions, relevant industry insights, and all necessary data and content, whether written or in image format.
As this is a digital marketing project, it is essential for the client to review the terms and conditions available on our website prior to making any payment. By proceeding with the payment, the client confirms that they have reviewed our website and agreed to the terms and conditions outlined therein. Payment is considered acceptance of these terms.
Terms and conditions may be changed at the agency's discretion at any time and will be applicable to the client. The agency reserves the right to make changes to the terms and conditions, as well as to the proposal or strategy, without requiring prior communication or acceptance from the client.

In the event that any point or line or section of the terms and conditions or Proposal/Strategy is found to be invalid or redundant, all other points will remain in full effect.

Consulting fees paid are non-refundable and non-transferable under any circumstances.

Warranties and Disclaimers

No Guarantee of Results: The agency does not guarantee any specific outcomes or results from the services provided.

Third-Party Platforms: The agency is not responsible for changes or issues related to third-party platforms (e.g., Facebook, Instagram) that may impact the services.

Limitation of Liability

Liability Cap: The agency is not liability for any claim arising out of or in connection with the services.

Exclusions: The agency is not liable for any indirect, consequential, or punitive damages.

The agency is not responsible for any form of digital outrage or negative repercussions on social media or other digital platforms related to the client's account. Additionally, the agency cannot be held liable for any legal actions, claims, or litigation arising from such issues.

No claims for monetary refunds, reversals, or transfers of any kind related to work or payments can be made against the agency.

Any disputes arising regarding the services will be mediated by a digital marketing agency or provider selected by the agency at the time of the dispute. The client agrees to accept the mediator's direction and resolution.

Force Majeure

Definition: Neither party will be liable for any failure to perform its obligations under this agreement if such failure is due to an event beyond its reasonable control, such as natural disasters, war, or pandemics.

Notification: The affected party must notify the other party as soon as possible of any force majeure event and take reasonable steps to mitigate the impact.

Amendments and Modifications

This project would be subjected to Mumbai Jurisdiction only.

Severability Clause: If any provision of this terms and conditions or strategy/proposal is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

The strategy proposal constitutes the entire Project Understanding between the parties and supersedes all prior discussions, agreements, or understandings of any kind.

Any Payments made to agency are non-refundable and non-transferable.

Service period validity must be strictly followed; delays in client approvals or data sharing may result in reduced deliverables.

All designs and work created by us may be used for promotional purposes or showcased in our portfolio.

The agency is not responsible for delays or restrictions caused by third-party platforms (e.g., Meta, Instagram, Google). Such issues may lead to reduced deliverables, and the project duration validity must be strictly adhered to in all cases

The agency has provided a portfolio and samples of our work quality and style. Any disputes regarding work quality or style will not be entertained; cancellation by the client will be at their cost, and no refunds or transfers will be issued.

Ad campaigns are considered to have started from the date the first design is shared, ad account access is obtained, or 7 days from receiving payment, whichever is earlier. Service period validity must be strictly followed.

Refund Policy:

No Refund Policy. No refunds will be issued under ANY circumstances. Once payment is made, refunds are not even a topic of discussion. All payments are non-refundable, non-transferable, and the service start date is fixed. The project start date must be respected, regardless of work progress, account access, or meetings. No delays or extensions will be accommodated.
Payments cannot be converted into credits for future use. They must be utilized within the specified service period only.
A change of mind, plan, business status, employee status, or sales does not qualify for a refund. Failure to provide account access due to third-party control is the client's responsibility. If access is not secured and shared with us, the client remains liable and is not eligible for a refund.
- Clients must adhere to these standard terms and conditions, which are common among reputable digital service providers. It is their responsibility to ensure commitment before engaging with us. Those unwilling to comply should not make payments or contact us.
All payments made to the agency are non-refundable and non-transferable under any circumstances.
Terms & Conditions Acceptance
- By making a payment, clients automatically agree to the agency's terms and conditions. No separate written or physical contract is required, nor is the signing of these terms needed. These terms apply uniformly to all clients and projects.
Client's Responsibility for Meetings
- If a client makes a payment but fails to attend a scheduled strategy meeting or does not communicate a fixed date and time for the meeting, the agency is not responsible for any delays or time lost. This will be considered the client's responsibility.
Strategy Meeting Scheduling
- Strategy meetings are scheduled to take place Monday to Friday, between 10:00 AM to 6:00 PM only.
- Any requests to hold meetings outside of these days or hours will not be considered.
Agency’s Goodwill for Special Scheduling
- If the agency agrees to a meeting outside the prescribed days or times, it will be considered a gesture of goodwill, done in support of the client's needs.

Client Commitment Upon Payment
- Once payment is made, the client is fully committed to the project. This commitment means that the client cannot back out or request a refund under any circumstances.
- If the client wishes to cancel or discontinue the project, they may do so at their own cost, and no refunds will be provided.
Internal Planning and Financial Management
- The agency’s internal planning and resource allocation begin upon receipt of payment. This includes scheduling, financial management, and project preparation.
- The project is considered to have started as soon as payment is made, even if no visible work has been done. The client cannot claim that the project has not started based on work progress.
Professional Conduct and Communication
- The agency reserves the right to block or ban any client who fails to communicate respectfully or engages in arguments. The agency does not tolerate any form of inappropriate behavior, including disputes or unnecessary challenges.
- Any attempts to intimidate the agency through external parties (such as political figures, police, lawyers, or third-party clients) are strictly prohibited and will not be tolerated. The agency will refrain from further interaction with the client or any third party involved in such disputes.
Strict Adherence to Terms & Conditions
- The agency operates on the understanding that all clients will adhere to our terms and conditions. Any arguments or discussions regarding the project start date, refunds, or contract terms are unnecessary and will not be entertained.
- The client is expected to read and accept the terms and conditions before making any payment. By making a payment, the client automatically accepts the terms and conditions of the agency.
Digital Agreement – No Physical Signing Required
- As a digital service provider, the agency does not require physical signatures on documents. Payment is considered as acceptance of the terms and conditions.
- It is the client’s responsibility to perform due diligence and review the terms and conditions on the agency’s website prior to making any payment. Failure to do so is solely the client’s responsibility.
No Exceptions to Terms
- Regardless of the type of strategy, plan, or service provided, the terms and conditions must be followed in all cases. Any client who receives services, even without an explicit agreement or plan, is still bound by these terms.
- If the client deviates from the agreed strategy or requests other services outside the scope of the original agreement, they are still obligated to follow the terms and conditions.
Responsibility of Third Parties (Lawyers, Police, Political Figures)
- Any third party (such as lawyers, police officers, or political figures) involved in a dispute with the agency is encouraged to review the agency’s terms and conditions. They should understand why the client did not follow the terms before making any claims.
- It is always the client’s responsibility to adhere to the terms and conditions. If any point in the terms and conditions is found to be invalid, it will only affect that specific point. The rest of the terms will remain valid and enforceable.
- These terms and conditions are standard and apply to all clients and projects, without exception. They are applicable to all our services and projects, effective from March 2021.

Conclusion:

The agency provides professional services and expects all clients to adhere strictly to the terms and conditions. Anyone who does not agree with these terms should refrain from engaging in any projects with the agency.
Once payment is made, work begins internally, and planning starts. If the client fails to provide necessary access, attend meetings, or delay the project, no refund will be issued. We operate with a limited capacity and once booked, we cannot accommodate new clients if a project is canceled. Therefore, all payments are non-transferable, non-refundable, and non-creditable. The fee covers services for the specific project and timeline, and no refunds will be provided for delays caused by the client or any third party like any other agency/ freelancer/ employee/ the platform itself or any reason.
Any issues related to the terms should be addressed prior to making payment, as once payment is made, the terms are considered accepted by the client.