Terms & Conditions

1. Agreement to Terms

Welcome to Creative IT Solutions ("Company", "we", "our", or "us"). By engaging our services, visiting our website, or entering into a service agreement with us, you ("Client", "you", or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions ("Terms").

These Terms constitute a binding legal agreement between you and Creative IT Solutions, a company providing real estate digital marketing services across India. If you do not agree to any part of these Terms, please do not use our services or website.

By signing a service proposal, paying an invoice, or continuing to receive services from us after any revision to these Terms, you confirm your acceptance of the current Terms.

2. Use of Our Services

Permitted Uses

You may use our services and website solely for lawful purposes and in accordance with these Terms. Permitted uses include:

• Engaging our digital marketing services for genuine real estate projects, developments, or property consultancy businesses.
• Accessing service information, case studies, and educational resources available on our website.
• Communicating with our team through official channels for business-related inquiries.
• Sharing project briefs, brand assets, and marketing materials required for campaign delivery.

Prohibited Uses

You agree not to use our services or website for any of the following prohibited activities:

• Promoting illegal, fraudulent, or unauthorised real estate projects, benami transactions, or properties lacking necessary RERA registration (where applicable under applicable state laws).
• Engaging in any form of misleading advertising, false claims, or deceptive marketing practices that violate the Consumer Protection Act, 2019 or any other applicable Indian law.
• Attempting to gain unauthorised access to our systems, databases, or proprietary tools.
• Using our services to spam, harass, or engage in predatory communication with potential property buyers.
• Reverse-engineering, copying, reproducing, or distributing our proprietary methodologies, processes, or creative assets without prior written consent.
• Sub-licensing our services to third parties without our express written approval.
• Violating any applicable local, state, national, or international law or regulation.

3. Services Offered

Creative IT Solutions specialises in performance-driven digital marketing solutions tailored exclusively for the Indian real estate sector. Our core service offerings include, but are not limited to:

• Performance Marketing & Lead Generation: Targeted paid advertising campaigns across Meta (Facebook & Instagram), Google Search & Display Networks, and YouTube designed to generate qualified property buyer and investor leads for residential and commercial real estate developers.
• Social Media Management: Strategy, content creation, community management, and organic growth across Facebook, Instagram, LinkedIn, and other platforms relevant to your brand positioning.
• CRM Integration & Lead Management: Setup, integration, and management of Customer Relationship Management (CRM) systems to streamline lead tracking, follow-up workflows, and sales funnel management for real estate sales teams.
• Landing Page Design & Optimisation: Creation and A/B testing of high-converting, mobile-first landing pages designed specifically for real estate project launches and lead capture.
• Media Production: Professional photography direction, videography, drone footage coordination, 3D render integration, virtual tours, and other creative production services for real estate project marketing.
• Brand Strategy & Identity: Brand positioning, visual identity, and marketing collateral design tailored for real estate developers and brokers.
• WhatsApp Marketing: Automated and personalised WhatsApp Business API campaigns for lead nurturing and customer engagement.
• SEO & Content Marketing: Search engine optimisation, blog content, and digital content strategies to improve organic discoverability for real estate brands and projects.

Specific services, deliverables, timelines, and pricing are defined in individual service proposals and agreements provided to each client. Those documents, when mutually agreed upon, form part of these Terms by reference.

4. Client Responsibilities

To enable effective campaign execution and service delivery, you agree to the following responsibilities:

• Accurate Information: You shall provide complete, accurate, and current information about your real estate projects, company, RERA registration numbers, pricing, inventory status, and any other material details required for campaign creation and compliance.
• Timely Approvals: You agree to review and approve campaign creatives, ad copies, landing pages, and other deliverables within the timelines specified in the project brief or service agreement. Delays in approvals caused by the client may result in corresponding delays in campaign launch, for which Creative IT Solutions shall bear no responsibility.
• Ad Budget Management: Where performance marketing services are engaged, you are responsible for maintaining adequate advertising budget in your Meta Business Manager and/or Google Ads accounts. Creative IT Solutions shall not be liable for campaign pauses or underperformance caused by insufficient ad spend, payment failures, or account-level restrictions imposed by ad platforms.
• Legal Compliance: You are solely responsible for ensuring that your projects, marketing claims, and business operations comply with RERA (Real Estate Regulation and Development Act, 2016), SEBI regulations (if applicable), the Consumer Protection Act, 2019, and all other applicable laws. Creative IT Solutions creates and executes marketing campaigns in good faith based on information provided by you.
• Asset Provision: You agree to provide necessary brand assets, project images, videos, floor plans, and content in the formats and timelines requested by our team.
• Designated Point of Contact: You agree to provide a designated, responsive point of contact within your organisation for campaign coordination and decision-making.

5. Payment Terms

• Advance Payment: All service engagements require advance payment as specified in the service proposal or invoice. Services will not commence until the requisite advance amount has been received and confirmed by Creative IT Solutions.
• Payment Schedule: For ongoing retainer engagements, monthly fees are due on or before the agreed billing date (typically the 1st or 5th of each month). For project-based engagements, a payment schedule (e.g., 50% at kickoff, 50% upon delivery) will be detailed in the service agreement.
• Ad Spend: Advertising budget (Meta Ads spend, Google Ads spend, etc.) is separate from and in addition to our service management fees. All ad spend is managed through client-owned ad accounts and is the client's direct responsibility.
• GST: All invoices are subject to applicable Goods and Services Tax (GST) at the prevailing rate as per Indian tax regulations. Creative IT Solutions' GSTIN will be mentioned on all tax invoices. Clients with GST registration may claim Input Tax Credit (ITC) on eligible invoices.
• Late Payment: Invoices unpaid beyond 7 days of the due date may attract a late payment fee of 2% per month on the outstanding amount. Creative IT Solutions reserves the right to pause or suspend active campaigns for accounts with overdue payments.
• Refund Policy: Advance payments for services that have already commenced are non-refundable. Unused advance amounts for services not yet commenced may be considered for refund or credit at the sole discretion of Creative IT Solutions, subject to written request and review.
• Mode of Payment: Payments are accepted via bank transfer (NEFT/RTGS/IMPS), UPI, or other methods specified on our invoices. Cheque payments are subject to clearance before services commence.

6. Intellectual Property

Ownership During Engagement

All creative assets, ad copies, landing page designs, campaign strategies, and marketing materials created by Creative IT Solutions during the service engagement are the intellectual property of Creative IT Solutions until full payment for those services has been received. Upon full and final settlement of all dues, ownership of client-specific creative deliverables (such as custom graphics, ad copies, and landing page designs created exclusively for the client) will transfer to the client.

Retained Rights

Creative IT Solutions retains perpetual ownership rights over its proprietary methodologies, frameworks, processes, templates, tools, and systems developed independently of any specific client engagement, including but not limited to campaign frameworks, targeting strategies, funnel templates, and reporting systems.

Third-Party Assets

Any third-party stock images, fonts, software, or other materials incorporated into client deliverables are subject to their respective licences. Creative IT Solutions will endeavour to use properly licensed assets but shall not be liable for any third-party licensing disputes.

Portfolio Use

Unless expressly restricted in writing, Creative IT Solutions reserves the right to use anonymised campaign metrics, creative samples, and project references in its marketing materials, website, and portfolio for the purpose of showcasing its capabilities.

Client-Provided Assets

You represent and warrant that all materials (images, videos, text, logos, and other content) provided to Creative IT Solutions for use in campaigns are owned by you or that you have the necessary rights, licences, and permissions to use them. You indemnify Creative IT Solutions against any claims arising from the use of such materials.

7. Confidentiality

Both parties acknowledge that in the course of the service engagement, they may have access to confidential information belonging to the other party, including but not limited to business strategies, financial information, marketing plans, lead databases, campaign performance data, and proprietary processes.

Each party agrees to:

• Keep all confidential information strictly confidential and not disclose it to any third party without prior written consent from the disclosing party.
• Use confidential information solely for the purpose of fulfilling obligations under the service agreement.
• Take reasonable security measures to protect confidential information from unauthorised access or disclosure.

This confidentiality obligation shall survive the termination of the service engagement for a period of two (2) years. Confidentiality obligations do not apply to information that is publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, or is required to be disclosed by applicable law or court order.

8. Performance and Results Disclaimer

Creative IT Solutions provides digital marketing and lead generation services based on industry best practices, data-driven strategies, and professional expertise. However, we explicitly state the following:

• No Guaranteed Results: We do not guarantee specific numbers of leads, sales conversions, revenue outcomes, return on ad spend (ROAS), or any other performance metrics. Digital marketing results are inherently variable and depend on numerous factors beyond our control.
• Influencing Factors: Campaign performance is affected by advertising budget levels, real estate market conditions, project pricing and location, competitive landscape, seasonal demand fluctuations, ad platform algorithm changes (Meta, Google), lead follow-up effectiveness by your sales team, and broader economic conditions.
• Projections Are Estimates: Any performance projections, estimated lead volumes, or expected results shared in proposals or presentations are illustrative estimates based on historical data and industry benchmarks, not guaranteed outcomes.
• Continuous Optimisation: While we commit to continuous campaign monitoring, testing, and optimisation to maximise performance within defined parameters, we do not warrant that any specific result will be achieved within any specific timeframe.

Clients are advised to maintain realistic expectations and understand that digital marketing is a process that often requires sustained effort and investment over time to yield significant returns.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Creative IT Solutions' total liability to you for any claims arising from or related to our services shall not exceed the total amount paid by you to Creative IT Solutions in the three (3) months immediately preceding the event giving rise to the claim.
• Creative IT Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, loss of goodwill, or any other commercial losses, even if we have been advised of the possibility of such damages.
• We shall not be liable for any losses or damages arising from: ad platform policy changes, account suspensions imposed by Meta or Google, force majeure events, inaccurate information provided by the client, delays caused by the client, third-party service failures, or actions of your sales team in handling leads.
• Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable Indian law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Creative IT Solutions and its directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms or any applicable service agreement.
• Your violation of any applicable law, including RERA, Consumer Protection Act, or advertising standards regulations.
• False, misleading, or incomplete information provided by you to Creative IT Solutions for use in marketing campaigns.
• Your infringement of any third-party intellectual property rights through content or assets you provided.
• Any claims made by property buyers or investors arising from your real estate projects or marketing representations.
• Any disputes between you and your end customers (property buyers) relating to your real estate projects.

11. Termination of Services

Notice Period

Either party may terminate an ongoing service engagement by providing a minimum of thirty (30) days' written notice to the other party via email or registered post. Notice must be served to the designated point of contact and acknowledged in writing.

Termination by Creative IT Solutions

Creative IT Solutions reserves the right to terminate services immediately and without prior notice in cases of:

• Non-payment of dues beyond 15 days of the due date.
• Breach of these Terms or any applicable service agreement.
• Discovery that the client's project or business operations violate applicable laws.
• Conduct that is abusive, threatening, or harmful to our team members.

Campaign Pause Policy

Active advertising campaigns may be paused by Creative IT Solutions without prior notice in the event of: insufficient ad budget in client accounts, client's failure to provide necessary approvals beyond agreed timelines, or account-level issues on ad platforms attributable to the client. Campaign pauses will be communicated to the client's designated contact as soon as practicable.

Post-Termination

Upon termination: all outstanding invoices become immediately due and payable; Creative IT Solutions will provide a reasonable transition period and handover of client-owned assets upon receipt of full payment; and ongoing campaigns will be wound down in an orderly manner during the notice period.

12. Governing Law and Jurisdiction

These Terms and all service agreements entered into with Creative IT Solutions shall be governed by and construed in accordance with the laws of India.

Any disputes, controversies, or claims arising out of or in connection with these Terms or our services that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts located in Delhi, India.

Prior to initiating any legal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation or mediation for a period of thirty (30) days from written notice of the dispute.

13. Changes to Terms

Creative IT Solutions reserves the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by:

• Posting the updated Terms on our website with a revised "Last Updated" date.
• Sending email notification to active clients at least 14 days before changes take effect.

Your continued use of our services or website after the effective date of any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. If you do not agree with the revised Terms, you may terminate your service engagement in accordance with Section 11 above.

14. Contact Us

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us through any of the following channels:

• Email: info@creativeitsolutions.net
• Phone (India): +91 97116 38783
• Website: www.creativeitsolutions.net

We aim to respond to all written inquiries within 2–3 business days.