Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") govern your access to and use of the Noirix Media website, and the marketing, branding, content, and creative services (the "Services") provided by Noirix Media ("Noirix Media", "we", "us", or "our"). By accessing our website, submitting an inquiry, or engaging us for Services, you ("Client", "you", or "your") agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Services Provided

Noirix Media provides digital marketing and creative services which may include, but are not limited to: brand strategy and identity, website development, social media management, content production, photography and video, performance marketing (including paid advertising on platforms such as Google, Meta, and TikTok), and influencer marketing. The specific scope, deliverables, timeline, and pricing for any engagement will be set out in a separate proposal, quote, contract, or statement of work agreed between Noirix Media and the Client.

3. Client Obligations

To enable us to deliver our Services effectively, the Client agrees to:

• Provide accurate, complete, and timely information, assets, and access required for the project (including brand assets, product information, account access, and approvals)
• Review and approve deliverables within a reasonable timeframe
• Ensure that any content, images, trademarks, or materials supplied to us for use in campaigns do not infringe the rights of any third party
• Comply with the advertising policies and community standards of any third-party platform used as part of the Services (e.g. Meta, Google, TikTok)
• Make payments in accordance with the agreed fee structure and timelines

4. Fees, Payment & Refunds

Fees for our Services will be set out in the applicable proposal, quote, or invoice. Unless otherwise agreed in writing:

• Invoices are payable within the timeframe specified on the invoice
• Late payments may result in a pause of Services until outstanding amounts are settled
• Third-party costs (such as advertising ad spend, licensing fees, or software subscriptions purchased on the Client's behalf) are separate from our service fees and are the responsibility of the Client unless otherwise agreed
• Fees already paid for work completed or in progress are generally non-refundable, except as otherwise agreed in writing or required by applicable law

5. Intellectual Property Rights

Unless otherwise agreed in writing, upon full payment of all applicable fees, ownership of final deliverables created specifically for the Client (such as final designs, website code, and campaign creatives) will transfer to the Client. Noirix Media retains the right to:

• Use underlying tools, templates, frameworks, and pre-existing intellectual property that are not exclusive to the Client's project
• Showcase completed work in our portfolio, website, social media, and marketing materials, unless the Client requests confidentiality in writing

All content on the Noirix Media website — including text, graphics, logos, and design — is the property of Noirix Media or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.

6. Confidentiality

Both parties agree to keep confidential any non-public business, financial, or strategic information shared during the course of the engagement, and to use such information only for the purposes of fulfilling the Services, except where disclosure is required by law.

7. No Guarantee of Results

Noirix Media uses industry best practices, data-driven strategies, and creative expertise to deliver our Services. However, marketing and advertising outcomes (including but not limited to rankings, reach, engagement, leads, sales, return on ad spend, or revenue) are influenced by numerous factors outside of our control, including third-party platform algorithms, market conditions, competitor activity, and the Client's own business operations, pricing, and product offering.

Accordingly, Noirix Media does not guarantee specific results, rankings, or performance metrics from any Service, and no such guarantee should be inferred from any proposal, case study, past result, or communication unless explicitly stated in a signed agreement.

8. Third-Party Platforms

Some Services involve the use of third-party platforms (such as Google Ads, Meta Ads Manager, TikTok Ads, email service providers, or website hosting providers). The Client acknowledges that:

• Such platforms are governed by their own terms of service, advertising policies, and privacy policies, which are outside of Noirix Media's control
• Account suspensions, policy changes, or service interruptions caused by a third-party platform are not the responsibility of Noirix Media
• Ad accounts, domains, and related assets remain the property of the Client unless otherwise agreed

9. Term & Termination

These Terms remain in effect for as long as you use our website or for the duration of any active Service engagement. Either party may terminate an ongoing engagement in accordance with the notice period and terms set out in the applicable proposal or contract. Upon termination, the Client remains responsible for payment of all fees for work completed up to the date of termination.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Noirix Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, arising out of or in connection with our Services or your use of our website, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising from the Services shall not exceed the total fees paid by the Client to Noirix Media for the specific Service giving rise to the claim in the preceding three (3) months.

11. Indemnification

The Client agrees to indemnify and hold harmless Noirix Media, its team members, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from the Client's breach of these Terms, misuse of our Services, or infringement of any third-party rights through content or materials the Client has provided to us.

12. Website Use & Content

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party. You must not attempt to gain unauthorized access to any part of our website, servers, or systems.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Subject to the dispute resolution process below, the courts located in Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms.

14. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our Services, both parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally within a reasonable period, either party may pursue resolution through the courts identified above, or through mutually agreed mediation or arbitration.

15. Changes to These Terms

We may revise these Terms from time to time to reflect changes in our Services, business practices, or legal requirements. The updated Terms will be posted on this page with a revised "Last updated" date. Continued use of our website or Services after any changes constitutes your acceptance of the updated Terms.

16. Contact Information

If you have any questions about these Terms & Conditions, please contact us:

• Noirix Media
• Email: noirixmedia@gmail.com
• Phone: +91 79774 17669
• Location: Mumbai, Maharashtra, India