Terms of Service

1. Acceptance of Terms

By accessing or using the NextGen Ad Creator website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all the terms, you must not access or use our Services.

These Terms apply to all visitors, users, and clients who access or use our Services. We reserve the right to update these Terms at any time, and continued use constitutes acceptance of the updated Terms.

2. Services Description

NextGen Ad Creator is a Creative Performance Studio that provides advertising creative services including but not limited to:

• User-generated content (UGC) campaign production
• Full-funnel creative strategy and production
• High-end commercial and 3D product video production
• Social media advertising creative development
• Creative performance analysis and iteration

The specific scope of services for each client shall be defined in a separate Statement of Work (SOW) or service agreement.

3. Client Obligations

As a client of our Services, you agree to:

• Provide accurate, complete, and current information during the onboarding process
• Deliver all necessary brand assets, briefs, and feedback in a timely manner
• Maintain the confidentiality of any proprietary information shared during our engagement
• Not use our creative assets for purposes outside the agreed scope without written consent
• Comply with all applicable laws and regulations regarding advertising and marketing in your jurisdiction
• Ensure you have all necessary rights and permissions for any materials you provide to us

4. Intellectual Property Rights

Our Intellectual Property

All content, designs, templates, methodologies, and materials created by NextGen Ad Creator (excluding client-provided materials) are our intellectual property. Upon full payment for services, clients receive a limited, non-exclusive, non-transferable license to use the deliverable creative assets for their intended purpose.

Client Materials

Any materials, logos, brand assets, or content provided by the client remain the client's intellectual property. By providing these materials, the client grants us a limited license to use them for the purpose of delivering the agreed services.

Portfolio Rights

We reserve the right to display completed work in our portfolio, website, and social media channels unless a mutual non-disclosure agreement (NDA) is in place. We will never disclose confidential performance data or sensitive business information without explicit permission.

5. Payments and Billing

• Pricing for services is as specified in our pricing page or individual service agreement
• Payments are due as per the terms outlined in the invoice or service agreement
• Late payments may result in service suspension and accrual of late fees at 1.5% per month
• All fees are non-refundable unless otherwise specified in a written agreement
• We accept payments via bank transfer, UPI, and major credit/debit cards
• Clients are responsible for any applicable taxes, duties, or levies

6. Revisions and Modifications

Our service packages include a specified number of revision rounds as outlined in the SOW. Additional revisions beyond the agreed scope may incur extra charges at our standard rates. Major scope changes that fundamentally alter the project brief may require a new SOW and additional investment.

7. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information disclosed during the course of our engagement. This includes but is not limited to:

• Business strategies and performance data
• Campaign metrics and advertising spend
• Unreleased creative concepts and designs
• Technical processes, software, and methodologies
• Client lists and business relationships

Confidentiality obligations survive the termination of our engagement for a period of three (3) years.

8. Limitation of Liability

To the maximum extent permitted by law, NextGen Ad Creator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Advertising campaign performance shortfalls or ROAS fluctuations
• Platform policy changes affecting ad delivery or performance
• Service interruptions caused by third-party platforms or force majeure events

Our total liability for any claim arising from our Services shall not exceed the total amount paid by the client for the specific service giving rise to the claim.

9. Termination

Either party may terminate a project agreement with written notice as specified in the SOW. In the event of termination:

• The client shall pay for all services rendered up to the date of termination
• Any unused pre-paid retainers or packages will be refunded on a pro-rata basis
• All confidentiality obligations remain in effect
• Delivered work product shall be licensed to the client as outlined in Section 4

10. Dispute Resolution

Any disputes arising from these Terms or our Services shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be settled through binding arbitration in accordance with the laws of India, with the arbitration taking place in Mumbai, Maharashtra.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. The parties submit to the exclusive jurisdiction of the courts in Mumbai, Maharashtra for any matters not subject to arbitration.

12. Contact Information