Agreement to Terms
By accessing, enquiring about, or purchasing any service from CrestPulse (legally registered as Rayosanskriti Tech Solutions, GST No. 07AOIPD4410M1Z2), you confirm that you have read, understood and agree to be legally bound by these Terms & Conditions in their entirety.
These Terms constitute a legally binding agreement between you (the “Client”) and CrestPulse. If you do not agree with any part of these Terms, you must not use our services.
Automatic acceptance: If a Client makes any payment for CrestPulse services — whether or not a separate written contract has been signed — it is conclusively deemed that the Client has read, accepted and agreed to these Terms & Conditions in full. Payment itself constitutes acceptance.
Definitions
For the purpose of these Terms & Conditions, the following definitions apply:
- “CrestPulse” / “We” / “Us” / “Agency” — refers to Rayosanskriti Tech Solutions, operating under the brand name CrestPulse, registered in Delhi, India.
- “Client” / “You” — refers to any individual, business, company or entity that engages CrestPulse for any service.
- “Services” — refers to all services offered by CrestPulse including Social Media Management, Meta Ads Management, Web Development, AI Content & UGC Ads, and any other service offered from time to time.
- “Third-Party Platforms” — refers to external platforms including but not limited to Meta (Facebook/Instagram), Google, WhatsApp, YouTube, and any software tools or hosting services used in the delivery of services.
- “Deliverables” — refers to the specific outputs or work products to be produced by CrestPulse as agreed upon during onboarding or in a service plan.
- “Ad Spend” — refers to money paid directly by the Client to Meta, Google or other advertising platforms to run paid advertisements. Ad Spend is entirely separate from and in addition to CrestPulse's management fees.
Services Covered by These Terms
These Terms & Conditions apply to all current and future services offered by CrestPulse, including without limitation:
- Social Media Management — content creation, scheduling, posting, community management and growth strategy for Instagram, Facebook and other platforms.
- Meta Ads Management — setup, management, optimisation and reporting of paid advertising campaigns on Meta platforms (Facebook and Instagram) using the Client’s ad account and ad budget.
- Web Development — design, development and delivery of websites, landing pages, e-commerce stores, booking portals and related digital properties.
- AI Content & UGC Ads — creation of AI-generated video ads, reels, static creatives, testimonial-style ads, ad copy and brand content using AI production tools.
- Any other service offered or agreed upon by CrestPulse in writing, verbally or via WhatsApp/email communication.
Payment Terms
All payments for CrestPulse services are subject to the following terms:
- Advance payment required: All services require 100% advance payment before commencement unless a specific written arrangement has been agreed upon by both parties.
- Monthly retainer services: For ongoing monthly services (Social Media Management, Meta Ads Management, AI Content), payment is due on or before the 1st of each service month. Failure to pay by the 5th of the month may result in immediate suspension of services.
- Payment methods: Payments may be made via bank transfer, UPI, Razorpay, or any other method confirmed by CrestPulse in writing.
- GST: All prices are exclusive of GST. An additional 18% GST (Goods & Services Tax) is applicable on all service fees as per Indian tax regulations. GST invoices will be issued under GSTIN 07AOIPD4410M1Z2.
- Late payment penalty: Overdue payments beyond 7 days attract a late payment charge of 2% per month calculated on the outstanding amount.
- Ad Spend is separate: For Meta Ads Management services, the Client’s advertising budget (Ad Spend) is paid directly to Meta and is entirely separate from CrestPulse’s management fee. CrestPulse does not collect, hold or manage Client ad budgets.
- Third-party tools & hosting: Any costs for third-party software, tools, hosting, domains or platform subscriptions required for service delivery are the Client’s responsibility unless explicitly stated otherwise in the service agreement.
Important: Services will not commence and deliverables will not be released until full payment has been received and confirmed. Partial payment does not entitle the Client to partial delivery of work.
Strict No-Refund Policy
CrestPulse operates a strict no-refund policy. Once payment has been made and received by CrestPulse, it is non-refundable under any circumstances, including but not limited to:
- Change of mind or business direction by the Client after payment.
- Dissatisfaction with results or performance of advertising campaigns, as results are not guaranteed (see Section 9).
- Failure to provide required materials, assets, approvals or access by the Client, resulting in delayed or incomplete delivery.
- Early termination of the service agreement by the Client.
- Suspension or restriction of the Client’s accounts on Meta, Google or any other third-party platform.
- Service interruptions caused by third-party platforms, internet outages, or technical issues beyond CrestPulse’s control.
No exceptions: CrestPulse does not offer partial refunds, credit notes or service transfers in lieu of refunds. The Client acknowledges this policy prior to making payment and agrees it is fair and reasonable given the nature of digital marketing services.
Scope of Services & Deliverables
The specific scope, deliverables and timelines for each service are defined at the time of onboarding through a service plan, proposal, WhatsApp/email confirmation or invoice. The following general terms apply:
- Content is produced based on an agreed monthly volume. Any posts beyond the agreed quantity are subject to additional charges.
- CrestPulse requires timely content approvals from the Client. Delays in approval will not extend the service month or entitle the Client to make-up posts.
- CrestPulse will manage campaigns within the Client’s own Meta Business Manager and Ad Account. The Client retains full ownership of their ad account at all times.
- The Client is solely responsible for maintaining sufficient ad spend budget in their Meta account. Campaign performance is directly affected by the ad budget allocated.
- Campaign go-live timelines of approximately 72 hours apply after receipt of all required creatives, approvals and account access.
- Delivery timelines begin from the date all required content, materials and the initial payment are received by CrestPulse.
- Revisions are limited to the number specified in the chosen plan. Additional revisions beyond the agreed limit are billed separately.
- Domain registration and hosting costs are excluded from development fees unless explicitly included in the agreed plan.
- Content is produced using AI tools and reviewed by the CrestPulse creative team before delivery. The Client acknowledges that AI-generated content forms part of the deliverables.
- Revisions per creative are limited as per the plan selected. Requests beyond plan limits are charged additionally.
Client Responsibilities
The Client agrees to fulfil the following obligations to enable CrestPulse to deliver services effectively. Failure to comply may result in delayed delivery, suspended services or termination without refund:
- Timely access: Provide necessary access to social media accounts, Meta Business Manager, ad accounts, website backends or any other platforms required, within 48 hours of being requested.
- Content & materials: Supply all required brand assets (logo, images, videos, brand guidelines) and written content as needed within agreed timelines.
- Timely approvals: Review and approve content, creatives, designs or campaigns within the timelines communicated by CrestPulse. Delays in approval are the Client’s sole responsibility.
- Accurate information: Provide accurate and complete business information, target audience details and campaign objectives. CrestPulse is not responsible for campaign failure caused by incorrect or incomplete information provided by the Client.
- Compliance: Ensure that all content, offers, products or services being promoted comply with applicable Indian laws and the advertising policies of Meta, Google and other relevant platforms.
- Ad budget maintenance: For Meta Ads services, maintain sufficient ad spend budget in the Meta account at all times to avoid campaign interruptions.
- Single point of contact: Designate one authorised representative to communicate with CrestPulse to avoid conflicting instructions.
Third-Party Platforms & Tools
Many of CrestPulse’s services depend on third-party platforms including Meta (Facebook/Instagram), Google, WhatsApp Business, YouTube, various hosting providers, AI tools and software. The Client acknowledges and agrees to the following:
- CrestPulse has no control over the policies, algorithms, uptime, features or decisions of third-party platforms and is not liable for any changes, restrictions or actions taken by such platforms.
- Account suspension or ban: If the Client’s Meta ad account, Facebook Page, Instagram account, Google account or any other platform account is suspended, restricted, banned or penalised by the platform for any reason — including but not limited to policy violations, payment failures or platform errors — CrestPulse bears no liability whatsoever. No refund of management fees will be issued in such cases.
- Ad rejection: If Meta, Google or any advertising platform rejects or disapproves ads created by CrestPulse due to platform policy changes or Client-specific account restrictions, CrestPulse will endeavour to resolve the issue but cannot guarantee approval. No refund is payable for rejected ads.
- Platform algorithm changes: Changes to Meta, Google or social media platform algorithms may affect reach, impressions, engagement and ad performance. CrestPulse is not liable for performance fluctuations caused by such changes.
- AI tool limitations: AI content creation relies on third-party AI tools (including HeyGen, ElevenLabs, Runway ML etc.). CrestPulse is not liable for service interruptions, quality variations or policy changes related to these tools.
- Hosting & domain: CrestPulse is not liable for website downtime, data loss or security breaches caused by third-party hosting providers or domain registrars used by the Client.
Critical notice: The Client’s Meta Ad Account, Business Manager, social media accounts and all associated assets remain solely the Client’s property and responsibility. CrestPulse operates as a service provider and manager only. Any account-level decisions by Meta, Google or other platforms are entirely outside CrestPulse’s control and CrestPulse holds zero liability for such events.
No Guarantee of Results
The Client acknowledges and accepts that digital marketing, advertising and content creation are dynamic disciplines where results are influenced by numerous factors outside CrestPulse’s control. Accordingly:
- CrestPulse does not guarantee specific outcomes including but not limited to: leads generated, sales conversions, website traffic, search engine rankings, social media followers, engagement rates, cost per lead, return on ad spend, or any other performance metric.
- Any case studies, results, examples or projections shared by CrestPulse during the sales process are illustrative of past performance and do not constitute a guarantee or promise of future results.
- Campaign performance is affected by the Client’s offer quality, pricing, target market, competition, ad budget, landing page quality, market conditions and other factors which are the Client’s responsibility.
- CrestPulse commits to applying professional expertise, best practices and continuous optimisation to achieve the best possible results within the given constraints.
Any agency or individual that guarantees specific results in digital marketing (specific number of leads, guaranteed ROI etc.) should be treated with caution. Results depend on too many variables to be guaranteed ethically. CrestPulse operates transparently and will never make false promises.
Intellectual Property & Ownership
Upon receipt of full and final payment, the Client receives full ownership of all custom deliverables specifically created for them, including:
- Website and landing page designs and code created exclusively for the Client.
- Custom ad creatives, graphics, and video content produced for the Client’s brand.
- Written content, ad copy and scripts written specifically for the Client.
- CrestPulse retains all rights to its proprietary frameworks, internal processes, templates, toolkits and methodologies used in the delivery of services.
- CrestPulse retains the right to display non-confidential work (creatives, websites, campaigns) in its portfolio, case studies and marketing materials unless the Client has explicitly requested otherwise in writing prior to engagement.
- All deliverables remain the property of CrestPulse until full payment is received. Unpaid work cannot be used, published or distributed by the Client.
The Client warrants that all content, images, logos, videos and materials provided to CrestPulse for use in campaigns or website development are either owned by the Client or the Client has full rights to use them. CrestPulse is not liable for any intellectual property infringement claims arising from Client-supplied materials.
Confidentiality
Both CrestPulse and the Client agree to maintain strict confidentiality with respect to all proprietary, sensitive and non-public information shared during the course of the engagement:
- Neither party will disclose the other party’s confidential information — including business strategies, pricing, customer data, campaign performance data and internal processes — to any third party without prior written consent.
- CrestPulse will not share the Client’s account credentials, business data or campaign performance with competitors or any unauthorised parties.
- This confidentiality obligation survives the termination of the service relationship and remains in effect indefinitely for genuinely confidential information.
- Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.
Limitation of Liability
To the maximum extent permitted by applicable Indian law, CrestPulse’s total aggregate liability to the Client for any claim arising out of or relating to these Terms or any service provided shall be strictly limited as follows:
- CrestPulse’s maximum total liability shall not exceed the total fees paid by the Client to CrestPulse in the one (1) calendar month immediately preceding the event giving rise to the claim.
- CrestPulse shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, or cost of substitute services — even if CrestPulse has been advised of the possibility of such damages.
- CrestPulse is not liable for losses arising from the Client’s own actions or inactions, failure to provide required materials, decisions made by third-party platforms, or market and economic conditions beyond our control.
- CrestPulse is not liable for any loss of ad spend budget paid directly to Meta, Google or other platforms by the Client.
Client acknowledgement: The Client expressly acknowledges that these limitations of liability are a fundamental part of the commercial basis on which CrestPulse offers its services at the stated pricing, and that CrestPulse would not provide services on these terms without such limitations.
Indemnification
The Client agrees to fully indemnify, defend and hold harmless CrestPulse, its directors, employees, contractors and representatives from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:
- The Client’s breach of any representation, warranty or obligation under these Terms.
- The Client’s products, services, offers or business practices being promoted through CrestPulse’s services.
- Infringement of any intellectual property rights, privacy rights or other third-party rights by content or materials supplied by the Client.
- The Client’s violation of any applicable law, regulation or advertising platform policy.
- Any false, misleading or illegal claims in the Client’s marketing materials or business communications.
Termination of Services
- The Client may terminate ongoing monthly services by providing a minimum of 30 days’ written notice via email to info@crestpulse.in.
- No refund will be issued for any portion of the current or previous billing periods already paid.
- All outstanding invoices become immediately due upon serving notice of termination.
- CrestPulse reserves the right to terminate services with immediate effect and without prior notice in cases of: non-payment, breach of these Terms, abusive or threatening behaviour towards CrestPulse staff, or use of our services for illegal purposes.
- CrestPulse may also terminate services with 14 days’ notice for any other reason at its sole discretion. In such cases, a pro-rata refund for unused days of the current billing period may be considered at CrestPulse’s discretion.
- Upon termination, CrestPulse will cease all work and revoke access to any systems managed on the Client’s behalf.
- The Client’s ad accounts, social media pages and other assets remain the Client’s property and will be returned or access restored promptly.
- Sections relating to payment, confidentiality, intellectual property, liability, indemnification and dispute resolution shall survive termination.
Fraud, Misuse & Abuse Prevention
CrestPulse maintains a zero-tolerance policy towards fraud, misuse and abuse of its services:
- Any attempt to obtain services without proper payment, through chargebacks, payment disputes filed in bad faith, or any other fraudulent means will result in immediate termination and legal action.
- Initiating a payment chargeback or reversal without valid grounds after services have been delivered constitutes fraud. CrestPulse will contest all unjustified chargebacks and reserves the right to recover the full amount plus legal costs.
- The Client must not attempt to use CrestPulse’s services to promote illegal, fraudulent, defamatory, or prohibited content. CrestPulse reserves the right to refuse or terminate any engagement involving such content without refund.
- CrestPulse reserves the right to pursue civil and/or criminal remedies under applicable Indian law for any fraudulent activity or material breach of these Terms.
Dispute Resolution
In the event of any dispute, claim or controversy arising out of or relating to these Terms or the services provided by CrestPulse, the following process applies:
- Step 1 — Direct resolution: The parties shall first attempt to resolve the dispute through good-faith negotiation within 15 days of one party notifying the other of the dispute in writing.
- Step 2 — Mediation: If direct resolution fails, the parties agree to attempt mediation through a mutually agreed mediator within 30 days.
- Step 3 — Arbitration: If mediation fails, the dispute shall be finally resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall take place in Delhi, India, in the English language. The arbitral award shall be final and binding on both parties.
Nothing in this clause prevents CrestPulse from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to protect its rights.
Governing Law & Jurisdiction
These Terms & Conditions shall be governed by, and construed in accordance with, the laws of the Republic of India.
Subject to the dispute resolution process in Section 16, the courts of Delhi, India shall have exclusive jurisdiction over any dispute arising from these Terms that proceeds to court.
The Client agrees that by using CrestPulse’s services, they submit to the personal jurisdiction of the courts of Delhi and waive any objection to such jurisdiction.
Amendments to These Terms
CrestPulse reserves the right to modify, update or revise these Terms & Conditions at any time without prior notice. The updated Terms will be published on our website at crestpulse.in/terms-and-conditions with the revised “Last Updated” date.
Your continued use of CrestPulse services after any modification constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. CrestPulse will endeavour to notify existing clients of material changes via email or WhatsApp where reasonably practicable.
Miscellaneous Provisions
- Entire agreement: These Terms, together with any service-specific agreement or invoice, constitute the entire agreement between the Client and CrestPulse and supersede all prior negotiations, representations or agreements.
- Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
- No waiver: CrestPulse’s failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.
- Force majeure: CrestPulse shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, internet outages, platform downtime, pandemics or civil unrest.
- No agency: Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the Client and CrestPulse. CrestPulse acts as an independent contractor at all times.
- Non-solicitation: The Client agrees not to directly solicit, hire or engage any current or former CrestPulse employee, contractor or team member for a period of 12 months following the termination of services.
- Language: These Terms are written in English. In the event of any conflict arising from a translation, the English version shall prevail.
Contact Us
For any questions, concerns or clarifications regarding these Terms & Conditions, please contact us using the details below. We will respond within 2 business days.
- Company: Rayosanskriti Tech Solutions (trading as CrestPulse)
- GST No.: 07AOIPD4410M1Z2
- Address: Rohini Sector 07, New Delhi – 110085, India
- Email: info@crestpulse.in
- Phone / WhatsApp: +91-8920610393
- Website: www.crestpulse.in
- Business hours: Monday – Saturday, 10:00 AM – 6:00 PM IST
Legal disclaimer: These Terms & Conditions have been prepared for informational and business protection purposes. CrestPulse recommends that all Clients read these Terms in full before engaging our services. These Terms do not constitute legal advice. For legal queries specific to your situation, please consult a qualified legal professional.