Terms of Service

Definitions

Acceptance of Terms

By accessing or using this Website, submitting the contact form, or engaging the Company for any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Cookie Policy, which are incorporated by reference.

If you do not agree, you must immediately cease all use of this Website and refrain from engaging our Services. If you act on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

About the Company

A Bodhi Tree Media is an Integrated Marketing Communication (IMC) agency founded in 2010, with its registered office in Indore, Madhya Pradesh, India, and a UK office in St Albans, Hertfordshire. We also maintain operational presence in Delhi and Pune, India.

• India Office: 71, Jal Enclave, Silver Spring Phase 1, Indore, MP, India — 452020
• UK Office: 116 Little Nights, Leys Court, Pegrum Drive, Napsbury Park, St Albans — AL2 1FB, UK
• Email: info@abodhitreemedia.com
• Telephone (India): +91 96047 55555
• Business Hours: Monday – Friday, 10:00 AM – 7:00 PM IST

Services

The Company offers the following categories of Services (as listed on the Website and the contact form):

1. Integrated 360° Communication (Brand Strategy, Campaign Planning, Multi-channel Rollout, Brand Launches, Repositioning)
2. Branding & Product Marketing (Positioning, Key Messaging, Go-to-Market Plans, Campaign Ideation)
3. Video Production (Ad Films & TVC, Corporate Films, Brand Stories, Product Demo Videos, Training Modules, Social Media Content)
4. Audio Production (Voiceovers, Radio Spots, Podcasts, Jingles, Audio Branding, Mixing & Mastering)
5. Graphic Designing (Brand Identity, Packaging, Social Media Creatives, Pitch Decks, Event Branding, Print Collateral)
6. Film / Web Series Production (OTT Content, Web Series, Branded Films, Documentaries, Episodic Content, Script Development)
7. Campaign Execution & Promotion (TV & Radio, Digital Campaigns, Print & OOH, On-ground Activation)
8. Digital Marketing (SEO & SEM, Paid Advertising, Social Media Marketing, Content Marketing, Email Campaigns, Analytics & Reporting)
9. AI Automations (Process Mapping, Custom CRMs, Lead Generation, Website Creation, Workflow Automation, AI Chatbots)

Descriptions on the Website are for general information and do not constitute binding offers. Scope, deliverables, timelines, fees, and specific terms for any engagement are governed by the applicable Service Agreement. In the event of conflict, the Service Agreement prevails over these Terms to the extent of the inconsistency.

Eligibility

You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction) to use this Website or engage our Services. By using this Website, you represent and warrant that you meet this requirement.

Use of the Website

6.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable licence to access the Website for its intended purpose: learning about the Company and its Services, viewing the portfolio, and contacting us via the contact form.

6.2 Prohibited Conduct

• Using the Website for any unlawful, fraudulent, or malicious purpose.
• Attempting unauthorised access to any part of the Website, its servers, or connected networks.
• Introducing malicious code (viruses, trojans, worms, ransomware, etc.).
• Automated data collection (scraping, crawling, harvesting) without prior written consent.
• Downloading, copying, reproducing, distributing, or publicly displaying any portfolio content (videos, images, audio, designs) without prior written permission.
• Using any Content from the Website to falsely suggest endorsement, sponsorship, or affiliation with the Company, its Clients, or any celebrity/Talent/public figure featured on the Website.
• Overloading, impairing, or interfering with the Website’s functionality.
• Submitting false, misleading, defamatory, or objectionable information via any form.
• Circumventing or disabling any security feature of the Website.

6.3 User-Submitted Content

By submitting information via the contact form (Full Name, Email, Service Needed, Message) or otherwise providing content to us, you grant the Company a non-exclusive, worldwide, royalty-free licence to use such content solely for responding to your enquiry and, if applicable, performing Services. You warrant that you have all necessary rights to share such content.

Intellectual Property

7.1 Company IP

All Content on this Website — including text, graphics, the “A Bodhi Tree Media” name, logo, brand identity, photographs, video thumbnails, self-hosted videos, audio, animations, design elements, page layout, and the overall “look and feel” — are the exclusive property of A Bodhi Tree Media or its licensors, protected by the Copyright Act, 1957 (India), the Copyright, Designs and Patents Act 1988 (UK), the Trade Marks Act, 1999 (India), and applicable international treaties.

7.2 Portfolio Content

Videos, video thumbnails (sourced from YouTube), images, audio samples, and other works in our portfolio may be subject to rights held by us, our Clients, Talent, or third parties. They are displayed for demonstrative and promotional purposes pursuant to applicable production agreements and licences. You may not download, reproduce, distribute, publicly perform, or create derivative works from portfolio content without express written consent of all relevant rights holders.

7.3 Deliverables & Ownership Transfer

Ownership of Deliverables shall be governed by the Service Agreement. Unless the Service Agreement expressly provides otherwise:

• All IP rights in bespoke Deliverables transfer to the Client only upon full and final payment of all fees due to the Company.
• Until full payment, the Company retains all rights and may exercise a lien over the Deliverables.
• The Company retains unrestricted ownership of all raw footage, outtakes, working files, source files, and production materials not forming part of the final agreed Deliverable.

7.4 Pre-Existing & Residual IP

The Company retains all rights in its pre-existing IP: proprietary tools, templates, frameworks, stock libraries, software, audio libraries, and general know-how incorporated into Deliverables. These are licensed to the Client non-exclusively for the purpose of using the final Deliverables, unless the Service Agreement provides otherwise.

7.5 Third-Party Licences

Where Deliverables incorporate third-party licensed content (stock footage, stock music, licensed fonts, third-party APIs or software), the Client’s use is subject to the terms of the applicable third-party licence. The Company will inform the Client of material restrictions.

7.6 Portfolio & Promotional Rights

Unless otherwise agreed in writing, the Company reserves the right to display completed work in its portfolio, showreels, Website, case studies, award entries, social media, and marketing materials — provided no Client confidential information is disclosed. This right survives termination.

Production-Specific Terms

8.1 Celebrity & Talent Representations on the Website

Our Website features a “Celebrity Collaborations” section and portfolio content referencing celebrities, public figures, athletes, politicians, musicians, and other individuals. These references are made:

• Pursuant to production agreements, talent releases, or contractual arrangements authorising such display; and/or
• For the legitimate purpose of demonstrating our professional portfolio and credentials; and/or
• Under applicable fair dealing provisions (Section 52, Copyright Act, 1957) and fair use principles.

The presence of any individual on our Website does not constitute or imply their personal endorsement of the Company or any of its Services, unless a formal endorsement agreement exists and is expressly disclosed.

8.2 Production Agreements

All production engagements shall be governed by a separate Service Agreement specifying: scope of work, delivery format, usage rights (territory, media, duration), Talent arrangements, location permissions, post-production specifications, and payment terms.

8.3 Usage Rights & Licensing

Unless the Service Agreement provides for a full assignment of copyright, Deliverables are licensed to the Client for the specific usage rights, territories, media channels, and duration set forth in the Service Agreement. Usage beyond the agreed scope requires a separate licence and may incur additional fees.

8.4 Music & Audio Rights

For original music, jingles, or compositions, copyright ownership and licensing terms are as specified in the Service Agreement. Where third-party music is synchronised into a production, the allocation of responsibility for securing synchronisation licences, master use licences, and public performance licences shall be set out in the Service Agreement.

8.5 Moral Rights

Moral rights of authors, directors, and other creators (under Section 57, Copyright Act, 1957 (India), and Sections 77–89, Copyright, Designs and Patents Act 1988 (UK)) are acknowledged. Any waiver of moral rights required for the Client’s intended use must be addressed in the Service Agreement.

Client Engagements & General Service Terms

• Scope: As defined in the Service Agreement. Work outside the agreed scope is a change order subject to additional fees and revised timelines.
• Client Cooperation: The Client shall provide timely feedback, approvals, brand assets, access to locations, systems, and Talent as reasonably required. Delays caused by the Client may result in revised timelines and additional charges.
• Acceptance: Upon delivery, the Client has the review period specified in the Service Agreement (or 7 business days if unspecified). Absence of written objection within the review period constitutes deemed acceptance.
• Revisions: The number of revision rounds included in the fee is specified in the Service Agreement. Additional revisions may be charged at prevailing rates.
• Third-Party Platforms: Where Services involve third-party platforms, software, APIs, broadcast networks, OTT platforms, social media platforms, or advertising networks, these are subject to their own terms and the Company accepts no liability for their acts, omissions, algorithm changes, or outages.
• Regulatory Compliance (Advertising): For advertising and broadcast content, the Client is responsible for ensuring final content complies with all applicable advertising standards (ASCI in India, ASA/CAP Code in the UK, FTC guidelines in the US), broadcast regulations, and sector-specific codes, unless the Service Agreement expressly assigns this to the Company.

Payment Terms

• Fees as agreed in the Service Agreement. Unless stated otherwise: INR for India-based engagements; GBP for UK-based engagements; exclusive of applicable taxes (GST / VAT / other).
• Payment due within the timeframe on the invoice or Service Agreement.
• Late payment attracts interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date.
• The Company may suspend or terminate Services upon non-payment exceeding 15 days past due, without prejudice to other remedies.
• For production engagements, advance payment (typically 40–60% of the project fee) is required before production commences. Balance due upon delivery of final Deliverables.
• Out-of-pocket expenses (travel, accommodation, location fees, Talent fees, equipment hire, music licences, third-party costs) are charged at cost plus any agreed handling fee.
• All fees are non-refundable unless the Service Agreement expressly provides otherwise or as required by applicable consumer protection law (e.g., UK Consumer Rights Act 2015, Indian Consumer Protection Act, 2019).

Representations & Warranties

11.1 Mutual

Each party represents that: (a) it has legal power and authority to enter into these Terms; (b) these Terms constitute valid, binding obligations; and (c) performance does not violate any other agreement to which it is a party.

11.2 Company Warranty

The Company warrants that it will perform Services with reasonable professional skill and care consistent with generally accepted industry standards. This warranty does not guarantee specific outcomes, campaign performance metrics, viral reach, viewership figures, streaming revenue, award nominations, broadcast approvals, search engine rankings, lead volumes, conversion rates, or return on investment — as such outcomes depend on market conditions, audience behaviour, platform algorithms, competitor activity, regulatory decisions, Client cooperation, and other factors beyond our control.

11.3 Client Warranties

The Client warrants that: (a) all Client Materials are accurate, lawful, and do not infringe any third-party rights (IP, privacy, publicity); (b) the Client has obtained all necessary licences, consents, and Talent releases for Client Materials provided; (c) the Client’s use of Deliverables will comply with all applicable laws and industry codes; (d) where the Client provides third-party Talent or locations, the Client is responsible for securing all necessary permissions, releases, and insurance.

Disclaimers

12.1 Website “As Is”

THE WEBSITE AND ALL CONTENT, MATERIALS, PORTFOLIO WORKS, SHOWREELS, AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 No Guarantee of Results

THE COMPANY DOES NOT WARRANT OR GUARANTEE SPECIFIC RESULTS, OUTCOMES, VIEWERSHIP, REACH, ENGAGEMENT, REVENUE, BROADCAST PLACEMENT, OTT DISTRIBUTION, SEARCH RANKINGS, LEAD VOLUMES, OR ROI. ALL PROJECTIONS AND ILLUSTRATIVE FIGURES ARE GOOD-FAITH ESTIMATES, NOT GUARANTEES. PAST PORTFOLIO RESULTS AND CLIENT STATISTICS DO NOT GUARANTEE FUTURE OUTCOMES.

12.3 Celebrity & Client References

References to celebrities, public figures, and clients are for portfolio and credential purposes only. They do not imply ongoing relationships, endorsements, or guaranteed access to such individuals or entities for future engagements.

12.4 Stock Images

Certain service descriptions on the Website use stock images from Unsplash and similar platforms under their respective licences. These images are illustrative and do not depict the Company’s actual team, office, or specific client projects, unless explicitly identified.

12.5 Availability

We do not warrant uninterrupted, error-free, or secure operation of the Website. We may modify, suspend, or discontinue the Website at any time without notice or liability.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL THE COMPANY, ITS FOUNDER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, FREELANCERS, TALENT, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, PRODUCTION DELAYS, BROADCAST/DISTRIBUTION LOSSES, MISSED DEADLINES DUE TO THIRD-PARTY FAILURES, OR REPUTATIONAL HARM, ARISING FROM YOUR USE OF THE WEBSITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
• THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM, OR £5,000 / ₹5,00,000 (WHICHEVER IS APPLICABLE TO YOUR ENGAGEMENT CURRENCY), WHICHEVER IS GREATER.

Nothing herein excludes liability that cannot be excluded under applicable law, including: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; (c) any liability that cannot be excluded under the Indian Consumer Protection Act, 2019, or the UK Consumer Rights Act 2015.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its founder, directors, officers, employees, agents, contractors, Talent, and affiliates from all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of or access to the Website.
• Your breach of these Terms.
• Your violation of any applicable law, regulation, industry code, or third-party right.
• Any Client Materials you provide, including claims of IP infringement, defamation, privacy violation, or publicity rights breach.
• Use of Deliverables beyond the scope of rights granted.
• Failure to secure necessary licences, consents, Talent releases, location permissions, regulatory approvals, or insurance for matters under your responsibility.
• Any third-party dispute arising from the Services.

This obligation survives termination of these Terms and any Service Agreement.

Confidentiality

“Confidential Information” means any non-public information disclosed by one party to the other, including: unreleased production content, scripts, storyboards, creative concepts, strategic plans, client lists, financial terms, pricing, and proprietary methodologies.

The receiving party shall: (a) maintain strict confidentiality; (b) not disclose without prior written consent except to personnel bound by equivalent obligations; (c) use solely for performing or receiving Services.

Exceptions: (i) publicly available through no fault of receiving party; (ii) previously known; (iii) independently developed; (iv) legally compelled disclosure (with reasonable prior notice).

Survives termination for 5 years, or indefinitely for trade secrets.

AI Automations — Special Terms

The following apply specifically to our AI Automation Services (Process Mapping, Custom CRMs, Lead Generation, Website Creation, Workflow Automation, AI Chatbots):

• No Guarantee of Accuracy: AI systems are probabilistic. The Company does not guarantee the accuracy, reliability, completeness, or fitness for purpose of any AI-generated output. AI outputs may contain errors, hallucinations, or inaccuracies.
• Client Responsibility: The Client is solely responsible for reviewing, validating, and approving all AI outputs before use in any business, legal, financial, medical, or regulatory context. AI outputs are not a substitute for professional judgement.
• Third-Party AI Platforms: AI Services may utilise third-party platforms and APIs (including but not limited to OpenAI, Google, Anthropic, n8n, and other providers), subject to their own terms and usage policies. The Company is not liable for changes, outages, deprecations, or policy changes by third-party AI providers.
• Data Processing: Data provided for AI processing is handled per our Privacy Policy and any applicable DPA.
• Regulatory Compliance: The Client is responsible for ensuring any AI system deployed complies with applicable laws (EU AI Act, UK AI regulatory framework, Indian IT Act, sector-specific regulations).
• Disclaimer: AI Automation Services are provided “AS IS.” All warranties (express, implied, or statutory) regarding AI outputs are disclaimed to the maximum extent permitted by law.

Termination

We may restrict, suspend, or terminate Website access at any time without prior notice. Service engagement termination is governed by the applicable Service Agreement. In its absence, either party may terminate with 30 days’ written notice.

Upon termination: (a) all outstanding fees are immediately due; (b) each party returns or destroys the other’s Confidential Information; (c) the Client’s licence to use Deliverables is effective only if all fees are paid in full — if fees remain outstanding, the licence is suspended until payment; (d) surviving sections: 7, 8, 12, 13, 14, 15, 16, 19.

Force Majeure

Neither party is liable for failure or delay in performing obligations (except payment) caused by: natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions, internet/telecom failures, power outages, cyberattacks, third-party platform outages, Talent illness or unavailability, adverse weather affecting outdoor production, equipment failure, or strike/industrial action.

Affected party must notify promptly and mitigate. If the event exceeds 60 days, either party may terminate the affected engagement by written notice; fees shall be apportioned based on work completed.

Governing Law & Dispute Resolution

19.1 Governing Law

For engagements originating from or primarily performed in India: governed by the laws of India. For engagements originating from or primarily performed in the UK: governed by the laws of England and Wales. For Website-only disputes (no Service engagement): laws of India.

19.2 Amicable Resolution

Parties shall first attempt resolution through good-faith negotiation within 30 days of written notice.

19.3 Arbitration (India-governed disputes)

Unresolved India-governed disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). Sole arbitrator, seat in Indore, English language. Award final and binding.

19.4 Jurisdiction (UK-governed disputes)

The courts of England and Wales shall have non-exclusive jurisdiction, without prejudice to the statutory right of UK consumers to bring proceedings in their domicile courts.

19.5 Consumer Protection Carve-Out

Nothing herein restricts any rights under the Indian Consumer Protection Act, 2019, the UK Consumer Rights Act 2015, or equivalent mandatory legislation.

General Provisions

20.1 Severability

If any provision is invalid, it shall be modified to the minimum extent necessary; remaining provisions continue.

20.2 Entire Agreement

These Terms + Privacy Policy + Cookie Policy + any Service Agreement = entire agreement, superseding all prior understandings.

20.3 Waiver

Failure to enforce any right is not a waiver. Waiver effective only in writing.

20.4 Assignment

You may not assign rights without written consent. The Company may assign to any affiliate or successor.

20.5 Notices

Formal notices in writing to the addresses in Section 21. Email effective upon confirmed receipt.

20.6 Amendment

We may modify these Terms at any time. Material changes will be reflected by updating the “Last Updated” date. Continued use after changes constitutes acceptance.

Contact Information

• Email: info@abodhitreemedia.com
• Telephone (India): +91 96047 55555
• India Office: 71, Jal Enclave, Silver Spring Phase 1, Indore, MP, India — 452020
• UK Office: 116 Little Nights, Leys Court, Pegrum Drive, Napsbury Park, St Albans — AL2 1FB, UK
• Hours: Mon – Fri, 10:00 AM – 7:00 PM IST