Terms of Service

Vision Wings Marketing

Effective Date: 03 August 2026 | Last Updated: 03 August 2026

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of www.visionwingsmarketing.com (the "Website") and any marketing, branding, design, advertising, content or consulting services (the "Services") provided by Vision Wings Marketing ("Vision Wings", "we", "us").

By accessing the Website, creating an account, submitting an enquiry, or engaging our Services, you agree to be bound by these Terms. If you do not agree, do not use the Website or the Services.

These Terms form an electronic record under the Information Technology Act, 2000 and do not require a physical signature.

2. Eligibility

You must be at least 18 years old and competent to contract under the Indian Contract Act, 1872. If you accept these Terms on behalf of a company, partnership or other entity, you represent that you are authorised to bind that entity.

3. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
Provide accurate, current information and keep it updated.
Notify us immediately at info.visionwings@gmail.com of any unauthorised access.
We may suspend or terminate an account that is inactive for 24 months, that we reasonably believe has been compromised, or that is used in breach of these Terms or our [Acceptable Use Policy](/acceptable-use).

4. Scope of Services

The Website describes our capabilities in general terms. No engagement exists until a separate written proposal, statement of work, or service agreement ("Engagement Agreement") is signed or accepted in writing by both parties. Website content is not an offer capable of acceptance.

Where an Engagement Agreement conflicts with these Terms, the Engagement Agreement prevails for that engagement.

Unless the Engagement Agreement states otherwise:

Deliverables, timelines, revision rounds and fees are those specified in the Engagement Agreement.
Timelines assume timely client input. Delays in approvals, asset delivery, platform access or feedback extend deadlines correspondingly.
Work outside the agreed scope is chargeable at our then-current rates, subject to your prior written approval.
Media spend, platform fees, stock licences, fonts, plugins, domain and hosting charges are pass-through costs borne by the client unless expressly included.

5. Client Responsibilities

You agree to:

Provide accurate brand information, product claims, statistics and testimonials, and to hold all necessary rights in materials you supply.
Grant timely access to advertising, analytics, social, hosting and business listing accounts required for delivery.
Nominate a single decision-maker empowered to approve deliverables.
Ensure that your products, services and claims comply with applicable law, including the Consumer Protection Act, 2019, the CCPA Guidelines for Prevention of Misleading Advertisements, 2022, and any sector-specific rules (for example, food, health, finance or education advertising).
Comply with the terms of third-party platforms such as Google, Meta, LinkedIn and WhatsApp.

We may refuse or discontinue work that we reasonably believe is unlawful, misleading, or in breach of platform policy.

6. Fees, Invoicing and Taxes

Fees, retainer amounts, milestones and payment schedules are set out in the Engagement Agreement.
Unless otherwise agreed, retainers are payable in advance and project work requires an advance of the percentage stated in the Engagement Agreement.
Invoices are payable within 15 days of the invoice date.
All fees are exclusive of GST and other applicable taxes, which will be charged additionally at prevailing rates. Where TDS is deducted, you will provide the relevant certificate.
Overdue amounts attract interest at 1.5% per month or the maximum permitted by law, whichever is lower.
We may suspend Services and pause active campaigns if payment is more than 15 days overdue. We are not liable for performance loss caused by such a suspension.

Refunds and cancellations are governed by our [Refund & Cancellation Policy](/refund-policy).

7. Intellectual Property

Our Website and materials. All content on the Website — text, design, layout, graphics, logos, video, code, frameworks, templates and methodology — is owned by Vision Wings or licensed to us, and is protected under the Copyright Act, 1957 and the Trade Marks Act, 1999. Use is governed by our [Copyright Policy](/copyright).

Client materials. You retain ownership of all brand assets, trademarks, content and data you supply, and grant us a non-exclusive, royalty-free licence to use them solely for delivering the Services and, subject to Clause 8, for portfolio purposes.

Deliverables. On full payment of all sums due, ownership of the final approved deliverables created specifically for you transfers to you. Until then, all deliverables remain our property and any use is unlicensed.

Retained rights. We retain ownership of our pre-existing tools, processes, frameworks, source files, working files, internal templates, know-how, and any general skills or knowledge developed. Rejected concepts, unused variants and working files are not transferred unless separately purchased.

Third-party assets. Stock photography, fonts, music, plugins and software supplied as part of a deliverable remain subject to their original licences, which pass to you on the licensor's terms.

8. Portfolio and Publicity

Unless you notify us in writing to the contrary, we may display work produced for you — including screenshots, video, campaign metrics presented in relative terms, and your name and logo — in our portfolio, website, social channels, award submissions and pitch materials. We will not disclose confidential commercial information, absolute revenue figures, or material marked confidential.

You may withdraw this permission at any time by writing to us; we will remove the material from our controlled channels within 30 days, though archived or third-party copies may persist.

9. Confidentiality

Each party shall keep confidential all non-public information received from the other, use it only for the purposes of the engagement, and protect it with at least reasonable care. This obligation survives termination for 3 years, and indefinitely for trade secrets. It does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.

10. No Guarantee of Results

Marketing outcomes depend on factors outside our control, including market conditions, competitor activity, platform algorithm changes, your pricing, your product, your sales process and your own responsiveness. We do not guarantee any specific ranking, reach, impression volume, lead count, conversion rate, revenue figure or return on ad spend, and no statement on the Website, in a proposal, or in conversation should be read as such a guarantee. See our [Disclaimer](/disclaimer).

11. Third-Party Platforms

We are not responsible for the acts, omissions, outages, policy changes, account suspensions, pricing changes or data losses of third-party platforms including Google, Meta, LinkedIn, YouTube, WhatsApp, hosting providers and payment gateways. Where a platform suspends or restricts your account, we will assist with appeals on a reasonable-efforts basis but cannot guarantee reinstatement.

12. Limitation of Liability

To the maximum extent permitted by law:

Neither party is liable for indirect, incidental, special, punitive or consequential damages, or for loss of profit, revenue, goodwill, business opportunity or data.
Our total aggregate liability arising out of or in connection with the Services is limited to the total fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim, excluding pass-through media spend and third-party costs.
Nothing in these Terms limits liability for fraud, wilful misconduct, gross negligence, or any liability that cannot be excluded under Indian law.

The Website is provided on an "as is" and "as available" basis without warranties of any kind.

13. Indemnity

You agree to indemnify and hold harmless Vision Wings, its personnel and contractors against any claim, loss, damage, penalty or reasonable legal cost arising from: (a) materials, claims, data or customer lists you supply; (b) your breach of these Terms or applicable law; (c) infringement of a third party's intellectual property by content you provided; or (d) your products or services.

14. Term, Suspension and Termination

These Terms apply for as long as you use the Website or an engagement is active.
Either party may terminate an engagement in accordance with the notice period in the Engagement Agreement, or, absent such a provision, on 30 days' written notice.
Either party may terminate immediately for material breach that is not cured within 15 days of written notice, or on the other party's insolvency.
On termination: all accrued fees and work-in-progress become immediately payable; we will hand over final approved and paid-for deliverables and transfer platform access; licences granted to you for unpaid deliverables terminate.
Clauses 7, 9, 12, 13, 15 and 16 survive termination.

15. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, epidemic, war, civil unrest, government action, strikes, prolonged internet or power failure, or failure of critical third-party infrastructure. The affected party shall notify the other promptly and resume performance as soon as practicable.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. The parties shall first attempt to resolve any dispute through good-faith discussion within 30 days of written notice. Failing that, the dispute shall be referred to arbitration by a sole arbitrator appointed by mutual consent under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Varanasi, Uttar Pradesh, and the proceedings shall be in English. Subject to the above, the courts at Varanasi, Uttar Pradesh shall have exclusive jurisdiction.

17. General

Assignment: you may not assign these Terms without our written consent; we may assign to a successor in business.
Independent contractors: nothing here creates a partnership, joint venture, agency or employment relationship.
Severability: if any provision is held unenforceable, the remainder stays in force.
Waiver: failure to enforce a provision is not a waiver of it.
Entire agreement: these Terms together with the Engagement Agreement and the policies linked here constitute the entire agreement between the parties.
Amendments: we may amend these Terms by posting an updated version. Continued use after the Effective Date of the update constitutes acceptance. Material changes will be notified to registered account holders.

18. Contact

Vision Wings Marketing

Kandawa, Varanasi, Uttar Pradesh

Email: info.visionwings@gmail.com | Phone: +91 8081952359