RAIS Media – Terms and Conditions
Last Updated: May 26, 2025
Please read these Terms and Conditions (“Terms”) carefully before using the services provided by RAIS Media (“RAIS Media,” “we,” “us,” or “our”). By engaging with RAIS Media for any digital marketing services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Services
RAIS Media provides a range of digital marketing services, including but not limited to:
● Search Engine Optimization (SEO)
● Social Media Marketing (SMM)
● Content Marketing
● Pay-Per-Click (PPC) Advertising
● Website Design and Development
● Email Marketing
● Analytics and Reporting
The specific services to be provided will be outlined in a separate Service Agreement, Proposal, or Statement of Work (SOW) mutually agreed upon by RAIS Media and the Client.
2. Client Responsibilities
The Client agrees to:
● Provide accurate, complete, and timely information necessary for RAIS Media to perform its services.
● Grant RAIS Media access to necessary platforms, accounts (e.g., website backend, social media accounts, Google Analytics, Google Ads), and information.
● Review and approve materials, content, and strategies in a timely manner. Delays in approval may impact project timelines.
● Ensure that all content, materials, and information provided to RAIS Media comply with all applicable laws and regulations, including copyright and intellectual property rights.
● Be responsible for the accuracy and legality of all content and materials provided to RAIS Media for use in marketing campaigns.
● Make timely payments for services as per the agreed-upon payment schedule.
3. Payment Terms
● Fees: All fees for services will be clearly outlined in the Service Agreement, Proposal, or SOW.
● Invoicing: Invoices will be issued as per the agreed-upon payment schedule (e.g., monthly, project-based, milestone-based).
● Payment Due Date: Payments are due within [Number] days from the invoice date, unless otherwise specified in the Service Agreement.
● Late Payments: RAIS Media reserves the right to charge a late payment fee of [Percentage]% per month or the maximum permissible by law, on any overdue amounts. Services may be suspended or terminated for late payments.
● Payment Method: Payments can be made via bank transfer, UPI, or other methods as agreed upon. Details will be provided on the invoice.
● Taxes: All fees are exclusive of applicable taxes (e.g., GST), which will be added to invoices where required by law.
4. Intellectual Property
● Client Content: The Client retains all intellectual property rights to any content, trademarks, logos, and materials provided to RAIS Media for use in the services. The Client grants RAIS Media a non-exclusive, royalty-free license to use such content solely for the purpose of providing the agreed-upon services.
● RAIS Media Work Product: Upon full payment for the services, intellectual property rights in the final work product specifically created by RAIS Media for the Client (e.g., ad copy, social media posts, website design elements) will be transferred to the Client, unless otherwise specified. This transfer does not include RAIS Media’s proprietary tools, methodologies, or pre-existing intellectual property.
● Proprietary Tools: RAIS Media retains all intellectual property rights to its proprietary tools, methodologies, software, templates, and general know-how used in the provision of services.
5. Confidentiality
Both parties agree to keep all non-public information, including business strategies, financial information, client lists, and proprietary data, confidential during and after the term of engagement. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
6. Term and Termination
● Term: The term of engagement will be specified in the Service Agreement, Proposal, or SOW.
● Termination by Client: The Client may terminate services with [Number] days’ written notice, provided that all outstanding payments for services rendered up to the termination date are settled. Early termination may incur a termination fee as outlined in the Service Agreement.
● Termination by RAIS Media: RAIS Media may terminate services with [Number] days’ written notice if the Client breaches these Terms (including late payment) and fails to cure the breach within [Number] days of receiving notice. RAIS Media may also terminate services immediately if the Client engages in any unlawful or unethical conduct.
● Effect of Termination: Upon termination, the Client shall pay for all services rendered up to the termination date. RAIS Media will provide the Client with any data and materials relevant to the services, provided all outstanding payments are settled.
7. Warranties and Disclaimers
● No Guarantees: While RAIS Media strives for excellence and aims to achieve positive results, we do not guarantee specific outcomes, rankings, sales, or conversions. Digital marketing involves numerous variables outside of our control (e.g., search engine algorithm changes, market competition, client’s product/service quality).
● “As Is” Basis: All services are provided on an “as is” and “as available” basis without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
● Third-Party Services: RAIS Media may utilize third-party services, platforms, or tools (e.g., Google Ads, Facebook Ads, website hosting). RAIS Media is not responsible for the performance, availability, or policies of such third-party services.
8. Limitation of Liability
In no event shall RAIS Media, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of our services, even if RAIS Media has been advised of the possibility of such damages.
RAIS Media’s total cumulative liability to the Client for any and all claims arising out of or in connection with these Terms or the services provided shall not exceed the total fees paid by the Client to RAIS Media for the services in the three (3) months preceding the event giving rise to the liability.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless RAIS Media, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with:
● Any content, materials, or information provided by the Client to RAIS Media.
● The Client’s breach of these Terms.
● Any claim that the Client’s actions or content infringe upon the intellectual property or other rights of a third party.
● Any violation of applicable laws or regulations by the Client.
10. Force Majeure
Neither party shall be liable for any delay or failure in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India.
Any dispute or claim arising out of or relating to these Terms or the services provided by RAIS Media shall be resolved through good faith negotiations between the parties. If an amicable resolution cannot be reached, the dispute shall be submitted to binding arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. The decision of the arbitrator(s) shall be final and binding on both parties.
Notwithstanding the foregoing, RAIS Media reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use or disclosure of its intellectual property.
12. Amendments
RAIS Media reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on our website or by notifying the Client directly. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Entire Agreement
These Terms, together with any applicable Service Agreement, Proposal, or SOW, constitute the entire agreement between the Client and RAIS Media regarding the services provided and supersede all prior and contemporaneous agreements, proposals, or communications, whether oral or written.
15. Contact Information
If you have any questions about these Terms, please contact us at:
RAIS Media FZ-LLC
