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Terms of Service

ED Creative Group

Last Updated: March 07, 2025

Welcome to ED Creative Group. These Terms of Service ("Terms") govern your use of our services, including Backend Coding, Quality Assurance, Mobile App Development, Web App Development, and Professional Services (collectively, the "Services"). By engaging our Services, you agree to these Terms. Please read them carefully.

 

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

 

2. Services Description

2.1 Service Offerings

ED Creative Group offers the following Services:

  • Backend Coding

  • Quality Assurance

  • Mobile App Development

  • Web App Development

  • Professional Services

 

2.2 Project Scope

The specific scope of work, deliverables, timeline, and fees for each project will be detailed in a separate Statement of Work (SOW) or proposal agreed upon in writing.

 

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable if all or any part of the Services are unavailable for any period.

 

3. Client Responsibilities

3.1 Cooperation

You agree to:

  • Provide timely and accurate information required for the provision of Services

  • Review and provide feedback on deliverables within agreed timeframes

  • Designate a primary contact person with decision-making authority

  • Participate in scheduled meetings and communications

 
3.2 Content and Materials

You are solely responsible for any content, materials, or information you provide to us in connection with our Services. You represent and warrant that such content does not infringe upon any third-party rights.

 

3.3 Access and Authorization

When necessary for the provision of Services, you will provide us with appropriate access to systems, accounts, or platforms. You are responsible for securing and maintaining any necessary third-party authorizations.

 

4. Intellectual Property Rights

4.1 Client Materials

You retain all rights to pre-existing materials and content provided to us for use in connection with the Services.

 
4.2 Deliverables

Upon full payment, you will own all rights to custom deliverables specifically created for you as defined in the SOW, except as stated in Section 4.3.

 

4.3 ED Creative Group Intellectual Property

We retain all rights to:

  • Pre-existing materials, including frameworks, development tools, and reusable components

  • General knowledge, skills, and experience gained during the provision of Services

  • Methods, processes, and know-how

  • Third-party materials incorporated into deliverables (subject to their respective licenses)

 

4.4 License to Use

We grant you a non-exclusive, worldwide, perpetual license to use our pre-existing materials solely as incorporated into the deliverables.

 

5. Fees and Payment

5.1 Fees

You agree to pay all fees specified in the SOW or proposal. Unless otherwise stated, all fees are quoted in $.

 
5.2 Payment Terms

  • A non-refundable deposit is required to initiate work

  • Payment terms are net 30 days from invoice date unless otherwise specified

  • Milestone payments may be required for projects exceeding 30 days

  • Late payments will incur interest at 1.5% per month or the maximum rate permitted by law

 

5.3 Expenses

You will reimburse us for reasonable expenses incurred in connection with the Services, as specified in the SOW.

 

5.4 Taxes

All fees are exclusive of applicable taxes, which will be added to invoices as appropriate.

 

6. Term and Termination

6.1 Term

These Terms will remain in effect until terminated in accordance with the provisions herein or as specified in the SOW.

 

6.2 Termination for Convenience

Either party may terminate these Terms with 30 days' written notice, subject to the provisions in our Cancellation & Refund Policy.

 

6.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party:

  • Materially breaches these Terms and fails to cure such breach within 15 days

  • Becomes insolvent, makes an assignment for the benefit of creditors, or is subject to bankruptcy proceedings

 

6.4 Effect of Termination

Upon termination:

  • All outstanding payment obligations remain in effect

  • We will deliver all completed work for which payment has been received

  • Sections on Intellectual Property, Confidentiality, Limitation of Liability, and Indemnification survive termination

 

7. Confidentiality

7.1 Confidential Information

Each party agrees to protect the other's confidential information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

 

7.2 Exclusions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party

  • Was known to the receiving party prior to disclosure

  • Was independently developed by the receiving party

  • Is rightfully obtained from third parties without restriction

 

7.3 Duration

Confidentiality obligations continue for 3 years after termination of these Terms.

 

8. Representations and Warranties

8.1 Mutual Warranties

Each party represents and warrants that:

  • It has the legal power to enter into and perform under these Terms

  • It will comply with all applicable laws and regulations

 

8.2 ED Creative Group Warranties

We warrant that:

  • We will perform the Services in a professional and workmanlike manner

  • The Services will substantially conform to the specifications in the SOW

  • We have the right to provide the Services and grant the licenses described herein

 

8.3 Disclaimer

Except as expressly provided herein, the services are provided " As is" Without warranty of any kind. We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9. Limitation of Liability

9.1 Exclusion of Damages

Neither party will be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with these terms.

 
9.2 Liability Cap

Our total liability for any claim arising out of or related to these terms will not exceed the amount paid by you for the services giving rise to the claim during the 12 months preceding the claim.

 
9.3 Exceptions

The limitations in this section do not apply to:

  • Breaches of confidentiality obligations

  • Intellectual property infringement claims

  • Payment obligations

  • Indemnification obligations

 

10. Indemnification

10.1 By Client

You will indemnify and hold harmless ED Creative Group from and against any claims arising from:

  • Your content or materials

  • Your use of the deliverables in violation of these Terms

  • Your violation of applicable laws

 

10.2 By ED Creative Group

We will indemnify and hold you harmless from and against any claims that the deliverables infringe a third party's intellectual property rights.

 

10.3 Process

The indemnified party must:

  • Promptly notify the indemnifying party of the claim

  • Give the indemnifying party sole control over the defense and settlement

  • Provide reasonable assistance in the defense of the claim

 

11. General Provisions

11.1 Force Majeure

Neither party will be liable for delays or failures due to causes beyond its reasonable control.

 

11.2 Independent Contractors

We are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

 

11.3 Assignment

Neither party may assign these Terms without the prior written consent of the other party, except to a successor in interest.

 

11.4 Notices

All notices must be in writing and will be deemed given when delivered personally, electronically with confirmation of receipt, or three days after being mailed.

 

11.5 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to its conflict of laws principles.

 

11.6 Dispute Resolution

Any dispute arising from these Terms will first be addressed through informal negotiation. If not resolved within 30 days, the dispute will be resolved through [arbitration/mediation/courts of Jurisdiction].

 

11.7 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

 

11.8 Entire Agreement

These Terms, together with the SOW and any other referenced documents, constitute the entire agreement between the parties regarding the subject matter herein.

 

11.9 Waiver

No waiver of any breach of any provision of these Terms constitutes a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions.

 

11.10 Amendments

These Terms may only be modified by a written agreement signed by both parties.

 

12. Contact Information

For questions about these Terms, please contact us at:

Email: support@edcreativegroup.com

Phone: +91 9791912347

Address: Elanster Technologies,

                ED Creative Group, 5th Floor, SM Towers,

                Seevaram Village, Perungudi,

                Chennai - 600096.

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By engaging our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.

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