Terms & Conditions
Acceptance of Terms
These Terms & Conditions ("Terms") govern your use of the website located at aimsmark.com and any services provided by Aimsmark ("we", "our", "us"), a digital marketing agency operating from Mumbai, Maharashtra, India.
By accessing our website, submitting an enquiry, signing a project proposal, or engaging our services in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our website or services.
These Terms form a legally binding agreement between you (the client, visitor, or user) and Aimsmark. For client-specific work, a separate Statement of Work or Service Agreement may also apply and will take precedence where there is any conflict.
Our Services
Aimsmark provides a range of digital marketing and web services to businesses and brands, including but not limited to:
- Social media management — strategy, content creation, scheduling, and community management across platforms including Instagram, LinkedIn, Facebook, and X.
- Website design and development — including WordPress builds, landing pages, UI/UX design, and performance optimisation.
- Search engine optimisation (SEO) — on-page, technical, and content-driven strategies to improve organic visibility.
- Paid media management — campaign setup, management, and optimisation on Meta Ads, Google Ads, and other digital advertising platforms.
- Content strategy and copywriting — brand storytelling, blog content, email copy, and ad creative.
- Branding and creative — logo design, brand guidelines, and visual identity development.
The specific scope of services delivered to any client is governed by the agreed proposal or Statement of Work. We reserve the right to subcontract certain deliverables to trusted partners, while retaining full accountability for the output.
Client Engagement & Project Terms
All client engagements are subject to the following standard project terms unless otherwise agreed in writing:
| Term | Detail |
|---|---|
| Project Initiation | Work begins only after written confirmation of scope and receipt of any agreed advance or deposit. |
| Client Responsibilities | Clients must provide timely approvals, access to relevant accounts, brand assets, and accurate information required to complete deliverables. |
| Feedback & Revisions | Each deliverable includes a defined number of revision rounds as specified in the proposal. Additional revisions beyond scope will be quoted separately. |
| Delays | If client delays in providing approvals or assets cause a project to stall, Aimsmark bears no responsibility for resulting timeline extensions. |
| Project Completion | A project is deemed complete upon delivery of final files or launch, and written (or email) sign-off from the client. |
| Ownership Transfer | Full IP ownership transfers to the client only upon receipt of final payment in full. |
Acceptable Use of Website
You agree to use aimsmark.com only for lawful purposes and in a manner that does not infringe the rights of others or restrict the use and enjoyment of the site by any third party. Prohibited uses include:
- Transmitting any unlawful, threatening, defamatory, obscene, or otherwise objectionable content.
- Attempting to gain unauthorised access to any part of the website, server, or associated systems.
- Introducing viruses, trojans, worms, or other malicious or technologically harmful material.
- Scraping, crawling, or harvesting data from the website by automated means without prior written permission.
- Impersonating Aimsmark, its team members, or any other person or entity.
- Using the website to transmit unsolicited commercial communications.
We reserve the right to restrict or terminate access to the website for any user who violates these conditions, without notice.
Intellectual Property
All content on aimsmark.com — including text, graphics, logos, icons, images, audio clips, digital downloads, and software — is the property of Aimsmark or its content suppliers and is protected under applicable Indian and international intellectual property laws.
- You may not reproduce, distribute, modify, publish, or create derivative works from any content on this website without prior written consent from Aimsmark.
- The Aimsmark name, logo, and brand identity are proprietary trademarks and may not be used without express written authorisation.
- Work produced for clients under a paid engagement is owned by the client upon full payment, unless the proposal specifies otherwise (e.g. licensed stock assets remain subject to their original licence terms).
- Aimsmark retains the right to display completed client work in its portfolio, case studies, and marketing materials unless the client explicitly requests otherwise in writing prior to project commencement.
Third-party assets used in client deliverables (such as stock photography, fonts, or licensed illustrations) are governed by their respective licence agreements. Clients are responsible for any extended licensing requirements beyond the scope of the project.
Confidentiality
Both parties acknowledge that in the course of working together, each may have access to confidential information belonging to the other — including but not limited to business strategies, campaign data, financial information, client lists, and trade secrets.
Aimsmark agrees to:
- Keep all client information strictly confidential and not disclose it to third parties without prior written consent, except where required by law.
- Limit access to confidential information to team members who need it to deliver the agreed services.
- Implement reasonable security measures to protect confidential client data from unauthorised access.
Clients similarly agree not to disclose Aimsmark's internal processes, strategies, tools, or pricing structures to competitors or third parties without written consent. This obligation survives the termination of any service agreement for a period of two (2) years.
Payments & Fees
All fees for Aimsmark's services are outlined in the individual proposal or service agreement provided to the client. The following standard payment terms apply unless otherwise agreed in writing:
| Condition | Policy |
|---|---|
| Advance Payment | A deposit (typically 50%) is required before project work commences. The exact amount is specified in the proposal. |
| Final Payment | The remaining balance is due upon project completion and prior to the handover of final files or launch of any deliverable. |
| Retainer Billing | Monthly retainer clients are invoiced at the start of each billing cycle. Services continue only when payment is confirmed. |
| Late Payments | Invoices unpaid beyond the agreed due date may result in a pause of active services until the outstanding amount is settled. |
| Scope Changes | Any work requested outside the agreed scope will be quoted separately and requires written approval before execution. |
| Refunds | Deposits are non-refundable once work has commenced. Refunds for retainer services are assessed on a case-by-case basis. |
Aimsmark reserves the right to pause or terminate services for clients with outstanding invoices beyond 14 days past the agreed due date, without liability for any resulting delays to projects or campaigns.
Results Disclaimer
Aimsmark applies industry best practices, strategic expertise, and genuine effort to every engagement. However, due to the inherently dynamic nature of digital marketing, we cannot guarantee specific outcomes such as follower counts, search rankings, lead volumes, or return on ad spend.
- Digital marketing results are influenced by factors outside our control, including platform algorithm changes, market conditions, competitor activity, and client-side variables.
- Any projections, forecasts, or benchmarks shared during proposals or onboarding are estimates based on historical data and industry knowledge — not contractual commitments.
- Client cooperation — including timely feedback, brand asset provision, and platform access — directly impacts the quality and timeliness of results.
We are committed to transparency. Regular reporting is provided to all active clients so performance can be reviewed collaboratively. Any strategy adjustments are communicated proactively.
Limitation of Liability
To the fullest extent permitted by applicable law, Aimsmark shall not be liable for:
- Any indirect, incidental, consequential, special, or punitive damages arising from the use of or inability to use our services or website.
- Loss of revenue, profits, business, or goodwill resulting from service delivery, delays, or interruptions.
- Any damages arising from reliance on information published on our website, including case studies, blog content, or service descriptions.
- Third-party platform outages, algorithm changes, or policy updates (including those by Meta, Google, or LinkedIn) that impact campaign performance.
- Errors, interruptions, or data loss caused by factors beyond our reasonable control, including internet failures, cyberattacks, or force majeure events.
Where liability cannot be excluded by law, our total aggregate liability to any client shall not exceed the total fees paid by that client to Aimsmark in the three (3) months immediately preceding the event giving rise to the claim.
Termination
Either party may terminate a service engagement by providing written notice as specified in the relevant service agreement (typically 30 days for retainer arrangements). The following applies upon termination:
- All outstanding invoices for work completed to the date of termination become immediately due and payable.
- Aimsmark will provide the client with all completed files and deliverables upon receipt of any outstanding payment.
- Login credentials, brand assets, and materials provided by the client will be returned or securely deleted within 14 days of termination.
- Aimsmark reserves the right to immediately terminate services — without notice or refund — in cases of non-payment, abusive conduct toward team members, or requests to engage in unethical or illegal activities.
Termination of services does not affect any provisions of these Terms that, by their nature, should survive — including intellectual property rights, confidentiality obligations, and limitation of liability clauses.
Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes arising from or in connection with these Terms or Aimsmark's services shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.
Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days from written notification of the dispute.
If good-faith negotiation fails, the parties may agree to refer the matter to a mutually agreed mediator before proceeding to litigation, in accordance with the Arbitration and Conciliation Act, 1996 (India).
Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will take effect immediately upon publication on this page, and the "Last updated" date will be revised accordingly.
We encourage clients and website users to review these Terms periodically. Continued use of our website or services after changes are published constitutes your acceptance of the updated Terms. For material changes that affect active client agreements, we will provide direct notice by email where reasonably practicable.
Contact & Legal Correspondence
For questions, concerns, or formal correspondence regarding these Terms, please contact us directly. We aim to respond to all legal enquiries within 2 business days.
Mumbai, Maharashtra, India
Email: hello@aimsmark.com
Instagram: @aimsmarkagency
Response time: within 2 business days