Terms & Conditions

These Terms and Conditions (the “Terms”) govern access to and use of agantafoundry.com (the “Site”) and the general terms applicable to the creative services described on the Site (the “Services”). The Site and Services are operated and provided under the name Aganta Foundry (the “Studio”).

By accessing or using the Site, submitting an enquiry, or engaging the Services, the relevant user or client (the “User” or “Client,” as applicable) agrees to these Terms, subject to any mandatory rights or protections under applicable law.

1. Application and order of precedence

These Terms apply to the Site and establish general conditions relating to the Services. A proposal, statement of work, estimate, order form, or written service agreement accepted by the Studio and the Client (a “Project Agreement”) may set out additional or different provisions for a particular engagement. In the event of a conflict, the relevant Project Agreement shall prevail with respect to that engagement to the extent of the conflict, unless otherwise stated in that agreement or required by applicable law.

2. Site access and permitted use

Subject to these Terms, the Site may be accessed for lawful, informational, and business purposes. The User shall not:

1. access or use the Site in violation of applicable law or the rights of another person;
2. attempt to obtain unauthorised access to the Site, its underlying systems, or any connected network;
3. interfere with the integrity, availability, or security of the Site, including through malicious code, denial-of-service activity, or other disruptive conduct;
4. use automated means to extract, harvest, or collect information from the Site in a manner that violates applicable law or these Terms;
5. impersonate another person or submit information that is materially false, unlawful, deceptive, or malicious; or
6. reproduce, exploit, or use Site content in a manner prohibited by the intellectual-property provisions of these Terms.

The Studio may implement reasonable technical or operational measures to protect the Site, its content, and its users against misuse, security threats, or unlawful activity.

3. Site content and availability

The Site provides general information concerning the Studio, its work, services, process, and areas of expertise. Unless expressly stated in an accepted written Project Agreement, Site content does not constitute an offer to perform any particular service at a specified price, within a specified period, or with a guaranteed result.

Information concerning services, availability, timelines, fees, methods, or results may be amended or withdrawn. Although reasonable care may be taken in preparing Site content, the Studio does not warrant that all content is complete, current, or free of error. A User should obtain written confirmation of material project details before relying on them.

The Studio does not guarantee uninterrupted or continuous availability of the Site and may modify, suspend, or discontinue any part of it where reasonably necessary for maintenance, security, operational, or business reasons, subject to applicable law.

4. Services and Project Agreements

The Services may include brand strategy, branding and visual identity, creative direction, graphic design, video editing, media production, social growth-related services, and other services described on the Site or agreed in writing. The scope of Services available at any time is determined by the Site and the applicable Project Agreement.

A Project Agreement should specify, as applicable, the deliverables, fees, payment schedule, milestones, revision allowance, review periods, Client responsibilities, expenses, cancellation and termination provisions, intellectual-property terms, portfolio permissions, and any project-specific conditions. The Studio shall not be obliged to perform work outside the agreed scope unless the parties have agreed in writing to the additional scope, fees, and any resulting timeline adjustment.

5. Fees, payment, taxes, and expenses

The fees, currency, taxes, payment milestones, invoice due dates, deposits, and any cancellation or refund conditions applicable to a project shall be those set out in the applicable Project Agreement or invoice. The Client shall pay all amounts in accordance with those terms.

Unless expressly included in the agreed fee, charges for third-party licences, fonts, stock assets, music, printing, production, travel, media spend, external contractors, software, or other external services are excluded from the project fee. The Studio shall obtain the Client’s approval before incurring material additional expenses on the Client’s behalf, except as otherwise agreed in writing.

Where permitted by the Project Agreement and applicable law, the Studio may suspend work or withhold delivery if an undisputed amount remains overdue after any required notice or cure period. Any suspension may result in an adjustment to the delivery schedule. Responsibility for applicable taxes shall be determined by the Project Agreement and applicable law.

6. Client obligations

The Client shall:

1. provide complete and accurate information reasonably required for the engagement;
2. provide source materials, instructions, decisions, approvals, and feedback within the periods agreed by the parties;
3. ensure that it has all rights, licences, consents, and permissions necessary to provide materials or instructions to the Studio and to authorise the contemplated use of those materials;
4. ensure that materials, claims, instructions, and content supplied by the Client do not knowingly infringe third-party rights or violate applicable law;
5. appoint an authorised representative or decision-maker where reasonably necessary for the engagement; and
6. review deliverables for factual accuracy, legal notices, names, claims, links, and technical requirements before approving or publishing them.

The Studio shall not be responsible for delays or defects to the extent caused by incomplete materials, inaccurate information, delayed feedback or approval, or decisions outside the Studio’s reasonable control. Where such matters materially affect scope, cost, or timing, the parties shall agree in writing on any appropriate adjustment.

7. Revisions, approvals, and scope changes

The number of included revision rounds, the review process, approval periods, and the treatment of changes after approval shall be specified in the relevant Project Agreement. Requests beyond the agreed revision allowance, or requests that materially alter an approved direction or scope, may be subject to additional fees and revised delivery dates, as agreed in writing.

Approval of a deliverable constitutes acceptance of that deliverable for the purposes defined in the Project Agreement, subject to any express warranty, correction period, or acceptance procedure stated in that agreement. The Studio’s Services do not constitute legal, tax, financial, medical, or other regulated professional advice unless expressly agreed in a separate written engagement with appropriate qualifications.

8. Intellectual property

8.1 Site and Studio materials

Except as otherwise identified, the Site and its content, including the Studio’s original text, graphics, branding, layouts, designs, and portfolio materials, are owned by the Studio or licensed to the Studio and are protected by applicable intellectual-property laws. No ownership right is transferred to a User by access to the Site. The User may access and share links to the Site for ordinary informational purposes but may not reproduce, republish, distribute, modify, sell, license, or commercially exploit Site content without prior written permission, except to the extent permitted by law.

8.2 Client deliverables

Ownership of, and licences relating to, final deliverables created for a Client shall be governed by the relevant Project Agreement. Any assignment of intellectual-property rights must be expressly recorded in writing and shall take effect subject to the conditions specified in that agreement, including payment in full where applicable. No assignment of rights shall be inferred merely from payment for Services or delivery of a file.

Unless expressly included in the Project Agreement, deliverables do not include drafts, rejected concepts, unused designs, working files, source files, internal tools, methods, templates, reusable components, pre-existing materials, or third-party materials that are subject to separate ownership or licence conditions. Rights in such materials remain with their respective owners, subject to any licence expressly granted.

8.3 Client materials

The Client retains ownership of materials in which it holds rights. The Client grants the Studio a limited, non-exclusive permission to use, reproduce, adapt, and display such materials to the extent reasonably necessary to evaluate, perform, document, and deliver the agreed Services, subject to any limitations set out in the Project Agreement.

9. Portfolio, case studies, and testimonials

The Studio shall obtain separate written permission before publishing or otherwise using a Client’s name, logo, testimonial, likeness, unpublished deliverable, or confidential project information in a portfolio, case study, website, or other promotional material, unless the relevant Project Agreement expressly grants such permission. Delivery of a project or provision of feedback does not, by itself, constitute permission for promotional use.

Any permission shall be subject to the scope, attribution requirements, restrictions, and withdrawal terms agreed in writing or required by applicable law.

10. Confidentiality and AI-assisted workflows

10.1 Confidential information

Each party shall use confidential information received from the other party solely for purposes connected with the relevant enquiry or engagement and shall take reasonable measures to prevent unauthorised disclosure. Confidential information does not include information that the receiving party can demonstrate: (a) is or becomes publicly available other than through breach of a confidentiality obligation; (b) was lawfully known to the receiving party without restriction before disclosure; (c) was independently developed without use of the disclosed information; or (d) was lawfully received from a third party without a duty of confidentiality.

10.2 AI-enabled tools

The Client acknowledges that the Studio may use AI-enabled third-party tools to assist with ideation, research, summarisation, drafting, content variation, and other creative-production or administrative workflows. Where reasonably necessary for the Services, the Studio may submit selected prompts, excerpts from project briefs, text, images, reference materials, or other Client materials to such services.

AI service providers operate independently of the Studio and process submitted information under their own terms, privacy policies, product or subscription offerings, and account settings. Depending on the provider, service, and settings, submitted information may be retained, accessed by authorised human reviewers, or used to develop or improve models and services. The Studio will take reasonable steps to select and configure tools appropriately and to limit submitted information to what is reasonably necessary for the task. The Studio does not control a provider’s internal processing and does not independently guarantee the provider’s retention, review, or model-improvement practices.

The Client shall notify the Studio in writing before or when providing any material that must not be submitted to AI-enabled services or that is subject to a restriction on third-party processing. The Studio shall confirm in writing whether it can accommodate the restriction. A restriction accepted by the Studio must be recorded in the applicable Project Agreement or other written agreement. If the Client requires that no AI-enabled tools be used in connection with a particular engagement, the parties must agree to that restriction in writing before the relevant work begins. The Studio may decline the engagement or propose revised scope, fees, or timing if it cannot reasonably perform the Services subject to the requested restriction.

The Client shall not provide personal information, confidential information, or third-party materials to the Studio unless it has the right to do so and to permit the processing contemplated by the applicable Project Agreement and this Section. Any non-disclosure agreement or express confidentiality provision in a Project Agreement shall prevail over this Section to the extent of any inconsistency. Nothing in this Section authorises processing contrary to applicable law.

10.3 Legally required disclosure

A confidentiality obligation does not prohibit a disclosure required by applicable law or a competent authority, provided that any notice or protective steps required by law are observed.

11. Third-party materials and services

A project or the Site may involve third-party software, fonts, stock assets, music, plugins, hosting services, platforms, production vendors, printing services, or other external services. Such materials and services are subject to the relevant third party’s licence terms, conditions, availability, and policies. The Studio does not control independent third-party services and does not warrant their continued availability, performance, or compatibility.

Unless otherwise stated in a Project Agreement, the Client is responsible for maintaining any accounts, subscriptions, permissions, and licences required for the Client’s continued use of third-party services following delivery of a project. The Studio shall identify material third-party licensing restrictions known to it where relevant to the agreed deliverables.

12. No guarantee of commercial or business results

Creative strategy, branding, design, media production, and related Services may support business objectives, but results depend on factors outside the Studio’s reasonable control, including market conditions, competition, product or service quality, pricing, distribution, advertising expenditure, implementation, platform algorithms, and audience response. Except where a specific result is expressly guaranteed in a signed Project Agreement, the Studio makes no guarantee concerning revenue, sales, growth, reach, engagement, ranking, conversion, or any other commercial outcome.

13. Privacy

Personal information processed in connection with the Site and Services is handled in accordance with the Studio’s Privacy Policy, subject to applicable law. Where a separate notice or consent is required by law for a particular processing activity, the relevant notice or consent shall apply in addition to these Terms.

14. Disclaimers

To the fullest extent permitted by applicable law, the Site and its general content are provided on an “as available” basis. The Studio does not warrant that the Site will be uninterrupted, error-free, secure, or suitable for every User’s particular requirements. The Studio does not warrant the accuracy or completeness of general Site content or that use of such content will produce any particular result.

Nothing in these Terms excludes, restricts, or modifies any warranty, right, or liability that cannot lawfully be excluded, restricted, or modified. Any additional warranties, service levels, or remedial obligations relating to a paid engagement must be expressly set out in the applicable Project Agreement.

15. Limitation of liability

To the fullest extent permitted by applicable law, the Studio shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profits, revenue, business opportunity, goodwill, anticipated savings, or data arising from or in connection with access to the Site or reliance on general Site content.

Liability arising from the performance of paid Services shall be governed by the relevant Project Agreement. These Terms do not establish a universal monetary liability cap for every project. Nothing in this section limits liability, rights, or remedies to the extent such limitation is prohibited by applicable law.

16. Third-Party Claims, Client Review, and Indemnity

16.1 Legal and regulatory clearance

Unless expressly included in the applicable Project Agreement, the Services do not include legal advice, trademark searches or clearance, copyright clearance, regulatory review, advertising-compliance review, or independent verification of factual or commercial claims. The Client is responsible for determining whether the intended publication and use of the deliverables, including claims concerning the Client’s products or services, comply with applicable law and third-party rights, and for obtaining legal or regulatory review where appropriate. The Client shall review and approve deliverables before publication or commercial use. The Studio may reasonably rely on materials, information, claims, and instructions supplied or approved by the Client.

16.2 Client-supplied references and creative direction

The Client shall identify any third-party names, trade marks, logos, designs, artwork, photographs, footage, music, campaigns, products, or other materials that the Client supplies as references or specifically instructs the Studio to incorporate, reproduce, adapt, or closely follow. The Client shall not request the use or reproduction of a third party’s protected material unless the Client has the right or permission to authorise that use.

Where a reference, instruction, or requested direction raises a reasonable question concerning intellectual-property rights or other legal restrictions, the Studio may request written confirmation that the Client is authorised to proceed, recommend a materially different or original direction, suspend the affected work while the issue is clarified, or decline the instruction. The Studio is not required to conduct comprehensive trademark, copyright, design-right, or other legal-clearance searches unless that work is expressly included in the applicable Project Agreement.

The Client remains responsible for arranging appropriate legal clearance of the proposed business or product name, logo, trade mark, campaign, advertising claim, and intended commercial use before publication or launch, except to the extent a specific clearance obligation is expressly accepted by the Studio in a Project Agreement. Client review or approval does not itself establish that a deliverable is legally cleared, nor does it exclude responsibility that the Studio may have under applicable law for its own acts or omissions.

16.3 Claims arising from Client materials, directions, or use

To the fullest extent permitted by applicable law, the Studio shall not be liable for a third-party claim, loss, or expense to the extent it arises from or relates to:

1. materials, content, data, names, logos, images, footage, music, or claims supplied by the Client, or a creative direction, reference, or instruction specifically required or approved by the Client;
2. the Client’s products, services, business operations, advertising, representations, or claims about its products or services;
3. a modification, adaptation, or alteration of a deliverable by anyone other than the Studio;
4. use of a deliverable outside the purpose, scope, territory, medium, or other usage rights agreed in the applicable Project Agreement;
5. the Client’s combination of a deliverable with materials, products, services, or systems not supplied or expressly approved by the Studio;
6. the Client’s failure to comply with the applicable licence or other conditions governing third-party materials included in a deliverable; or
7. the Client’s continued publication or use of a deliverable after the Studio has notified the Client in writing of a relevant third-party claim or a material legal or rights concern.

16.4 Client indemnity

To the fullest extent permitted by applicable law, the Client shall indemnify and hold harmless the Studio against third-party claims, proceedings, damages, liabilities, and reasonable legal costs to the extent arising from the matters described in Section 16.3 or from the Client’s breach of these Terms or the applicable Project Agreement. The Studio shall give the Client prompt written notice of any claim for which indemnity is sought. A failure or delay in giving notice shall relieve the Client of its obligations only to the extent that the Client is materially prejudiced by that failure or delay. The Client shall provide reasonable cooperation in responding to the claim. The Client shall not settle a claim in a manner that imposes an admission, payment obligation, or other liability on the Studio without the Studio’s prior written consent. The Studio shall not settle a claim in a manner that imposes an admission, payment obligation, or other liability on the Client without the Client’s prior written consent. This indemnity does not apply to the extent a claim is caused by the Studio’s breach of an express obligation under the applicable Project Agreement, negligence, or wilful misconduct, subject to applicable law.

16.5 AI-assisted outputs and express undertakings

The Studio may use AI-enabled tools as part of its creative workflow, as described in Section 10.2. AI-assisted outputs may be inaccurate, incomplete, similar to existing material, or subject to restrictions or uncertainty concerning ownership, protection, or permitted use. The Studio shall apply professional review appropriate to the agreed Services, but, unless expressly stated in the applicable Project Agreement, does not warrant that a deliverable is unique, eligible for registration or copyright protection, or free from all similarity to existing works. The Client remains responsible for appropriate legal clearance and review of the intended commercial use, subject to any specific obligation expressly accepted by the Studio in the Project Agreement.

Any undertaking by the Studio to conduct intellectual-property clearance, warrant that a deliverable does not infringe third-party rights, defend a claim, or indemnify the Client against a third-party claim must be expressly stated in the applicable Project Agreement. Unless such an undertaking is expressly agreed, the Studio does not provide a general guarantee that a deliverable is suitable for every intended use or has been cleared for use in every jurisdiction, industry, or media channel.

Nothing in this Section excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law, or relieves either party of an express obligation under an applicable Project Agreement.

17. Suspension and termination

The Studio may suspend access to the Site where reasonably necessary for maintenance, security, legal compliance, or prevention of misuse. A User may discontinue use of the Site at any time.

The commencement, suspension, cancellation, or termination of paid Services, and the consequences of termination including amounts payable, work in progress, delivery, and intellectual-property rights, shall be governed by the applicable Project Agreement and mandatory law. No provision of these Terms authorises a termination or remedy that is prohibited by applicable law.

18. Force majeure

Neither party shall be liable for delay or failure to perform an obligation under a Project Agreement to the extent caused by an event beyond that party’s reasonable control, including natural disasters, epidemic or public emergency, war, civil disturbance, government action, failure of utilities or communications networks, or widespread disruption of third-party services, provided that the affected party gives notice where reasonably practicable and takes reasonable steps to mitigate the effects. This section does not excuse payment obligations for amounts already due, except as required by applicable law or the Project Agreement.

19. Amendments to these Terms

The Studio may amend these Terms to reflect changes to the Site, Services, business practices, or applicable law. The revised version shall be published on the Site with an updated “Last updated” date and shall take effect on publication or on any later effective date specified in the revision, subject to applicable law. An amendment to these Terms shall not modify an existing Project Agreement unless the agreement or applicable law permits such modification.

20. Governing law and jurisdiction

These Terms shall be governed by the laws of India, subject to any mandatory provisions of law that apply to the User or transaction. Disputes arising out of these Terms shall be submitted to courts of competent jurisdiction in India, subject to mandatory law and any dispute-resolution provision expressly agreed in an applicable Project Agreement.

21. General provisions

1. Entire agreement. These Terms and any policies expressly incorporated by reference constitute the agreement concerning access to and use of the Site. A Project Agreement governs the relevant paid engagement as set out in Section 1.
2. Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, where permitted, and the remaining provisions shall continue in effect.
3. No waiver. A failure or delay in exercising a right under these Terms shall not constitute a waiver of that right.
4. Assignment. A User may not assign or transfer rights or obligations under these Terms without the Studio’s prior written consent, except where such restriction is prohibited by law. The Studio may transfer these Terms in connection with a lawful transfer of the relevant business or assets, subject to applicable law.
5. Electronic communications. Communications and notices relating to the Site or Services may be provided electronically, subject to any legal requirement for a particular form of notice.
6. No partnership or employment. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the Studio and a User or Client, except to the extent expressly established by a separate written agreement.

22. Contact

Correspondence concerning these Terms may be directed to:

Aganta Foundry
Email: hello@agantafoundry.com
Website: agantafoundry.com

Template Reference

This document was prepared with reference to public legal templates made available by General Legal, PC under the CC0 1.0 Universal licence. General Legal has not reviewed, approved, or endorsed this adaptation. This document is provided for general reference purposes only and does not constitute legal advice. Its use does not create an attorney-client relationship with General Legal.