1. Introduction
By accessing our website, inquiring about our services, or engaging Imax Media for social media marketing, advertising management, creative design, or digital marketing consultation, you acknowledge that you have read, understood, and agreed to be bound by these Terms & Conditions. If you do not agree to these terms, you must refrain from using our website and services.
2. Definitions
- "Agency", "Imax Media", "we", "us", or "our" refers to Imax Media, having its principal office at Kishoreganj, Road No. 2, Balajee Bhawan, Room No. 102, First Floor, Ranchi, Jharkhand – 834001, India.
- "Client", "Customer", "you", or "your" refers to any individual, company, or organization utilizing our website or purchasing our services.
- "Services" refers to digital marketing services provided by Imax Media, including Social Media Management, Social Media Marketing, Instagram Marketing, Facebook/Meta Advertising, Content Creation, Brand Design, and Consultation.
- "Advertising Budget / Media Spend" refers to direct funds paid to third-party advertising platforms (such as Meta Ads or Google Ads) for ad impressions, clicks, or distribution, separate from Imax Media's service fees.
- "Third-Party Platforms" refers to independent external services including Meta (Facebook, Instagram), Google, WhatsApp, and advertising delivery networks.
3. Services
Imax Media provides customized digital marketing and social media marketing solutions. The specific scope, deliverables, timeline, and fee structure for any engagement are established through individual written proposals, scopes of work, or service agreements agreed upon with the Client.
4. Eligibility
To engage our services or submit inquiries on our website, you must be at least 18 years old and possess the legal capacity to enter into binding commercial contracts under applicable Indian law. If you are acting on behalf of a business, you represent and warrant that you have full legal authority to bind that entity.
5. Customer Responsibilities
The Client agrees to:
- Provide accurate, complete, and timely business information, product details, brand assets, and creative briefs necessary for campaign execution.
- Maintain active ownership and administrative access to their relevant social media business accounts and ad accounts.
- Review and provide timely feedback or approvals for submitted content calendars, creative proofs, and advertising copies.
- Ensure that all materials and claims provided to Imax Media comply with applicable consumer protection, trademark, and advertising laws.
6. Service Orders
All service orders, retainers, and projects must be confirmed in writing through email, signed agreement, or documented invoice. Imax Media reserves the right to decline service requests that conflict with ethical standards, third-party platform policies, or legal guidelines.
7. Pricing and Payments
Pricing for agency services depends on the specific project scope, number of platforms, posting frequency, and creative requirements. All service fees are quoted and payable in Indian Rupees (INR) unless otherwise agreed in writing.
Monthly management retainers are billed in advance of the service period. Invoices are due upon receipt. Late payments may result in the suspension of campaign management until the account is brought current.
8. Advertising Budget
Agency Service Fees and Advertising Budget are strictly separate:
- Our service fee covers campaign strategy, audience research, creative preparation, campaign configuration, daily monitoring, and performance reporting.
- The advertising budget (media spend) is consumed directly by the advertising platform (e.g. Meta Ads or Google Ads). The Client is responsible for paying media spend directly to the platform via their linked billing method or funding agreed pre-paid ad accounts.
- Advertising spend consumed by third-party platforms is completely non-refundable by Imax Media under any circumstances.
9. Third-Party Platforms
Imax Media operates campaigns through third-party platforms including Meta (Facebook, Instagram) and Google. The Client acknowledges that:
- Third-party platforms are independent entities not controlled, owned, or operated by Imax Media.
- All advertising and organic content must comply with each platform’s terms of service and advertising guidelines.
- Imax Media is not responsible for policy enforcement actions, ad rejections, account reviews, algorithmic shifts, or downtime instituted by third-party platforms.
10. Social Media Platform Dependencies
The visibility, reach, and distribution of social media content are determined entirely by proprietary platform algorithms. These algorithms change frequently and without notice. Imax Media applies professional industry practices to optimize content, but cannot dictate or predict third-party algorithmic behaviors.
11. Content and Intellectual Property
Upon full settlement of all agreed service fees, original creatives, graphics, short-form video edits, and copy created specifically for the Client become the Client’s intellectual property for promotional use. Imax Media retains the right to display non-confidential deliverables in its professional agency portfolio.
12. Customer-Provided Materials
The Client warrants that all logos, images, footage, trademarks, and copy provided to Imax Media are owned by the Client or licensed for commercial advertising. The Client agrees to indemnify and hold harmless Imax Media against any third-party copyright or trademark infringement claims resulting from client-provided assets.
13. Prohibited Activities
Clients and website visitors may not:
- Use our services to promote illegal, counterfeit, fraudulent, discriminatory, or deceptive products or schemes.
- Attempt to reverse-engineer, scrape, or inject malicious code into our website.
- Engage in coordinated artificial engagement, automated bot spamming, or fraudulent ad click generation.
14. Service Availability
While Imax Media strives to maintain uninterrupted website availability and consistent service delivery, we do not guarantee that our website will be error-free or uninterrupted due to maintenance, server migrations, or internet disruptions.
15. No Guaranteed Results
IMPORTANT LEGAL DISCLAIMER REGARDING PERFORMANCE:
Imax Media explicitly does NOT guarantee, warrant, or promise:
- Any specific number of followers, likes, comments, shares, or viral reach;
- Any guaranteed volume of leads, sales, revenue, customer acquisitions, or Return on Investment (ROI);
- Guaranteed ad approvals by third-party platforms (such as Meta or Google);
- Account restoration, account recovery, or reinstatement of suspended, disabled, or hacked third-party social media accounts.
Advertising and marketing performance depend on multiple variables outside our control, including product quality, pricing, market competition, audience demand, website conversion capability, seasonal factors, and third-party advertising delivery algorithms.
16. Cancellation
Either party may cancel an ongoing monthly retainer service by providing 14 days' written notice prior to the start of the next billing cycle. The Client remains responsible for payment of all work completed and active media spend during the notice period.
17. Refunds
Refund policies are outlined in detail in our separate Refund & Cancellation Policy. Fees paid for customized strategy, completed creative design, and allocated work hours are non-refundable once work has commenced. Media spend paid to third-party ad networks is strictly non-refundable by Imax Media.
18. Limitation of Liability
To the fullest extent permitted by applicable law, Imax Media, its directors, and team members shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of profits, data, or business opportunities) arising out of your use of our services, website, or third-party platform actions. Our total cumulative liability for any claim shall not exceed the total service fees paid by the Client to Imax Media during the preceding one (1) month for the specific service in dispute.
19. Third-Party Services
Our website and workflows may contain links to or integrations with third-party services (such as WhatsApp, Meta, Google Analytics). We do not control or endorse the privacy practices or content of third-party platforms.
20. Changes to Services
Imax Media reserves the right to modify, expand, or discontinue specific service packages or features with reasonable prior notification to active clients.
21. Changes to Terms
We may revise these Terms & Conditions from time to time to reflect regulatory updates or operational modifications. The updated version will be indicated by the "Last Updated" date at the top of this page.
22. Governing Law
These Terms & Conditions and any disputes arising out of or related to our services shall be governed by and construed in accordance with the laws of India. The courts of Ranchi, Jharkhand, India shall have exclusive jurisdiction over all matters arising hereunder.
23. Contact Information
If you have any questions, inquiries, or legal notices concerning these Terms & Conditions, please contact us at:
Imax Media
Kishoreganj, Road No. 2, Balajee Bhawan,
Room No. 102, First Floor,
Ranchi, Jharkhand – 834001, India
Email: imaxmedia@gmail.com
Phone: +91 9122675361
Website: https://www.imaxmedia.online/