These are general conditions. Project-specific scope, fees, milestones, timelines and special terms should be recorded in a separately accepted proposal, quotation, statement of work or service agreement.
1. Introduction
These Terms & Conditions set general rules for using the Swara Digital website and engaging Swara Digital for professional services. They should be read with any proposal, quotation, statement of work, order confirmation or service agreement accepted for a specific project.
2. Business identity
Swara Digital is a digital services brand operated by Swara Events and Planners LLP. References to “Swara Digital”, “we”, “us” or “our” mean that operator for the relevant website or service activity.
3. Acceptance of terms
By using the website, you agree to these website-use terms. A service engagement begins only when the applicable proposal or other written scope is accepted in the stated manner and any required commencement payment or prerequisite is completed. If you do not agree, do not use the website unlawfully or instruct us to begin services.
4. Eligibility and authority to engage services
You must be legally capable of entering the relevant arrangement. If acting for a company, institution or other organisation, you confirm that you have authority to provide instructions, approve work and bind that organisation to the accepted scope.
5. Website information and permitted use
Website information is general and may be updated. You may view and share ordinary links for lawful business purposes. You must not interfere with security, attempt unauthorised access, scrape abusively, misrepresent affiliation, copy protected material beyond lawful limits or use the website to harm another person or system.
6. Services offered
Services may include social-media management, website design and maintenance, branding and graphic design, reels and video editing, advertising management, local marketing, channel setup, event or campaign promotion, digital strategy and AI-assisted automation planning or implementation. The services actually supplied are only those stated in the accepted written scope.
7. Proposals, quotations and scope of work
A proposal, quotation or statement of work should identify the agreed deliverables, assumptions, fees, payment stages, estimated timeline and exclusions. Estimates remain subject to the stated validity period and may be revised before acceptance if requirements or third-party costs change.
8. Order of precedence between the proposal and website terms
A separately accepted written agreement controls project-specific scope, fees, milestones, timelines, ownership provisions and other expressly stated project terms. These Terms & Conditions control general website and service matters unless the accepted agreement expressly provides otherwise. A negotiated signed agreement takes precedence where provisions directly conflict.
9. Client responsibilities
The client must provide accurate instructions, a responsible contact person, timely decisions, materials, access, feedback, approvals and payments. The client should review deliverables carefully and raise relevant concerns promptly.
10. Content, materials, information and approvals supplied by clients
The client is responsible for supplying requested copy, images, brand assets, disclaimers, product or service information and approvals in usable formats. We may rely on information and approval received from the authorised client contact unless notified otherwise in writing.
11. Accuracy and legality of client-supplied content
The client confirms that supplied claims, offers, prices, medical or educational information, permissions and other content are accurate, lawful and suitable for publication. Swara Digital is not a legal, medical, tax or regulatory verifier unless that review is expressly included in writing.
12. Account credentials and access permissions
Where access is necessary, the client should use secure role-based or delegated access where available and remove access when no longer needed. The client remains responsible for account ownership, recovery information, platform compliance and promptly notifying us of suspected compromise. We will use provided access only for the agreed services.
13. Project schedules and dependency on client cooperation
Timelines are estimates unless expressly guaranteed in an accepted agreement. They depend on timely receipt of content, access, consolidated feedback, approvals and third-party cooperation. Scheduled publication or launch dates may need adjustment where a dependency is delayed.
14. Delays caused by missing content, feedback or approvals
If required input is late, Swara Digital may move the work to the next reasonable production slot and revise milestones. We will communicate material scheduling effects where practical. A client delay does not remove payment obligations for work already completed or capacity already validly reserved under the accepted scope.
15. Revisions and change requests
Included revision rounds, if any, are stated in the accepted scope. Revision requests should be clear, consolidated and consistent with the approved direction. Reversing an approval, introducing new requirements or requesting repeated alternatives may be treated as a change in scope.
16. Out-of-scope work and additional charges
Work outside the accepted scope may require a separate estimate, revised fees and revised timelines. We will seek written approval before undertaking material additional chargeable work, except for urgent protective action reasonably requested by the client.
17. Fees, invoices, taxes and payment deadlines
Fees, invoice stages, due dates and applicable taxes are set out in the accepted proposal or invoice. The client is responsible for providing correct billing information and paying undisputed amounts by the stated deadline through an agreed method. No website price list overrides a written quotation.
18. Late or failed payments
If payment is late or fails, we may send reminders and withhold further delivery or handover until the account is brought up to date. Any interest, recovery cost or late charge applies only where stated in an accepted agreement and permitted by law, and should reflect reasonable loss rather than operate as a penalty.
19. Suspension of work for non-payment
After reasonable notice, Swara Digital may pause work, publication, support or access-dependent services for an overdue undisputed invoice. Resulting timeline changes are not treated as agency delay. We will take reasonable care not to create avoidable harm while protecting unpaid work and access security.
20. Third-party costs
Approved external costs are separate unless expressly included. They may be payable in advance and may be non-cancellable or non-refundable once ordered. We will identify material known third-party costs before commitment where practical.
21. Advertising budgets and platform charges
Advertising spend is separate from Swara Digital’s management fee. The client is responsible for approved budgets, funding method, taxes and platform charges. Charges made by Meta, Google or another advertising platform are governed by that platform’s terms and billing systems.
22. Domains, hosting, plugins, stock assets and subscriptions
Domain registrations, hosting, premium themes, plugins, software, APIs, fonts, stock assets and subscriptions may carry separate licences, renewal dates and provider terms. Ownership or account control should be stated in the accepted scope. The client is responsible for ongoing renewals not expressly managed by us.
23. Ownership of pre-existing intellectual property
Each party retains intellectual property owned or developed independently before the engagement. Swara Digital retains its pre-existing and general templates, tools, processes, methods, know-how, code utilities and reusable components, including improvements that do not disclose the client’s confidential information.
24. Ownership and transfer of final deliverables
Subject to complete payment, ownership of specifically commissioned final deliverables transfers only to the extent stated in the accepted proposal and subject to third-party licences, open-source terms and retained agency tools. A licence rather than ownership may apply where the proposal, asset licence or nature of the deliverable requires it.
25. Drafts, rejected concepts and working files
Drafts, rejected concepts, experiments, unused options and internal working files remain with Swara Digital unless otherwise agreed in writing. The client must not publish rejected or unpaid material. Working files may be deleted in the ordinary course after reasonable operational needs end.
26. Client licence and agency tools
Editable or source files are included only when the accepted proposal says so. Where a final deliverable contains retained agency tools or reusable components, the client receives the licence reasonably necessary to use the paid final deliverable for its intended purpose, but not to extract or resell those tools separately.
27. Portfolio and case-study use
Swara Digital may display completed public-facing work and identify the client in its portfolio or capability materials unless confidentiality, sector sensitivity or a written agreement prevents it. We will not publish confidential metrics, private drafts or unverified performance claims. A client may request reasonable discussion of timing or sensitive details.
28. Confidential information
Each party should protect non-public information clearly confidential by nature or designation and use it only for the engagement. This does not cover information already lawfully known, independently developed, publicly available without breach, received lawfully from another source, or required to be disclosed by law after appropriate notice where permitted.
29. Third-party platforms
Websites, social networks, advertising systems, hosting providers, app stores, APIs and automation services are controlled by third parties. Their terms, technical limits, review processes, licences, privacy practices and availability apply independently of these terms.
30. Platform account suspension or policy changes
Swara Digital is not responsible for platform outages, algorithm changes, policy enforcement, account restrictions, rejected ads, API changes or third-party service failure beyond its reasonable control. We may assist with reasonable troubleshooting within scope, but cannot override a platform’s decision or guarantee restoration.
31. No guarantee of marketing, advertising, SEO or revenue results
Strategy and execution are provided with reasonable professional care, but outcomes depend on market conditions, offer quality, budget, competition, audience response, platform systems and client action. Swara Digital does not guarantee follower growth, leads, sales, rankings, reach, revenue, platform approval or any specific advertising result.
32. Client approvals and publication responsibility
Approval by email, WhatsApp or an agreed project-management channel may be treated as written approval. The client should verify facts, claims, dates, prices, links and legal or sector-specific requirements before approval. Once approved, publication may proceed; corrections requested later may be chargeable if they are outside included support.
33. Warranties and disclaimers
We warrant that we will provide agreed services with reasonable skill and care. Except for express written commitments and rights that cannot lawfully be excluded, services, third-party platforms and website information are provided without implied guarantees of uninterrupted availability, fitness for an unstated purpose or a particular commercial result.
34. Limitation of liability
To the extent permitted by law, neither party is liable for indirect or consequential loss that was not reasonably foreseeable from the accepted engagement. Any agreed monetary cap should be stated in the applicable proposal or agreement and remain subject to applicable law. Nothing excludes liability for fraud, wilful misconduct or any obligation that cannot legally be excluded, and all non-waivable statutory and consumer rights are preserved.
35. Indemnity for unlawful or infringing client materials
The client will be responsible for reasonable, documented third-party claims and direct costs arising from client-supplied material that is unlawful, defamatory or infringes rights, to the extent caused by the client’s breach and subject to prompt notice and reasonable cooperation. This obligation is not unlimited and does not apply to loss caused by Swara Digital’s unauthorised alteration, negligence or wilful misconduct.
36. Cancellation and termination
Either party may terminate as allowed by the accepted agreement, the Refund & Cancellation Policy or applicable law. Material breach should ordinarily be notified with a reasonable opportunity to remedy where cure is possible. Immediate suspension or termination may be appropriate for unlawful instructions, serious security risk, abuse or persistent non-payment.
37. Consequences of termination
On termination, the client must pay for work performed, validly reserved capacity and authorised non-recoverable costs, subject to applicable refund rights. Access should be returned or removed, confidential material handled appropriately, and paid deliverables handed over as agreed. Unpaid deliverables do not transfer to the client.
38. Force majeure
Neither party is responsible for delay caused by events beyond reasonable control, including major network or power failure, natural disaster, government action, widespread platform outage, civil disturbance or serious illness affecting essential personnel. The affected party should notify the other where practical and take reasonable steps to reduce delay. Payment remains due for work already completed and authorised costs.
39. Electronic communications
The parties may communicate and approve routine project matters electronically. Messages sent to the agreed email address, WhatsApp number or project channel may be relied on as written communications, while formal notices should follow any method stated in the accepted agreement.
40. Privacy
Personal information is handled in accordance with our Privacy Policy. The client must ensure it has an appropriate lawful basis and notices for any personal data it instructs Swara Digital to process on its behalf.
41. Severability
If a provision is held invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions continue in effect where legally possible.
42. Waiver
A delay or failure to enforce a right is not a waiver. A waiver is effective only for the specific matter and occasion for which it is clearly given.
43. Assignment
Neither party may transfer a project agreement in a way that materially prejudices the other without consent, except as part of a genuine business reorganisation or transfer with appropriate continuity of obligations and subject to the accepted agreement and law.
44. Entire agreement
These terms, the accepted proposal or agreement and documents expressly incorporated into them form the agreement for the relevant services and replace earlier discussions on the same subject. This does not exclude liability for fraudulent misrepresentation or override rights that cannot be waived.
45. Changes to website terms
We may update these website terms prospectively by posting a revised version with a new date. Changes do not rewrite an already accepted project agreement unless the parties agree or applicable law requires it.
46. Governing law
These terms and related non-contractual matters are governed by the laws of India, subject to any mandatory law or non-waivable rights that apply.
47. Dispute resolution
The parties should first attempt good-faith written negotiation. If unresolved, they may use mediation or another mutually agreed process where practical. Arbitration under the Arbitration and Conciliation Act, 1996 may be used where the parties have a valid written arbitration agreement and it is mutually applicable and enforceable. Matters requiring court jurisdiction are subject to the competent courts at Shivamogga, Karnataka, without waiving statutory consumer remedies or mandatory jurisdiction rights.
48. Contact information
Swara Digital, operated by Swara Events and Planners LLP
hello@swaradigitalagency.com
+91 97417 40085
Shivamogga, Karnataka, India
