Terms & Conditions – Acevertise

Last updated: 24 November 2025

These Terms & Conditions (“Terms”) govern your use of Acevertise’s website, services, platforms, campaigns, creative work, and communications (collectively “Services”). “You” and “Client” mean the individual or entity using the Services; “Acevertise”, “we”, “us”, or “our” means Acevertise, registered in India.

By accessing or using our Services you accept and agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Definitions

“Agreement” — these Terms together with any proposals, statements of work (SOW), order forms, or attachments that are agreed in writing.
“Campaign” — any advertising, media buying, creative or promotion run on behalf of the Client.
“Data Fiduciary” / “Data Principal” — as defined in the Digital Personal Data Protection Act, 2023 (DPDP Act) and rules made thereunder.
“Third-party Media” — any advertising inventory or platform not owned by Acevertise (e.g., Google, Meta, TV networks, radio stations, OTT platforms).

2. Eligibility & Authority

You confirm you are at least 18 years old and have legal capacity to enter a binding agreement under the Indian Contract Act, 1872.
If signing on behalf of an organization, you represent that you have the authority to bind that organization.

3. Scope of Services

Acevertise provides strategy, creative, media planning & buying, analytics, production, and related marketing services (digital, OTT/TV, radio/podcast, print, outdoor/transit, influencer marketing, events).
Detailed scope, deliverables, timelines, milestones, and payment schedules will be specified in the SOW or proposal. SOWs are part of this Agreement.

4. Proposals, Acceptance & Contracts

Proposals are valid for the period stated. Acceptance is effective when Client executes the proposal and pays any required advance.
Work begins only after receipt of required advance payment and necessary assets from Client.

5. Client Obligations & Approvals

Provide accurate business details, creative assets, brand guidelines, approvals, necessary consents, and access to analytics/accounts promptly.
Ensure all supplied materials comply with applicable law, third-party rights, ASCI advertising standards, platform policies, and the DPDP Act obligations on personal data. Acevertise is entitled to rely on representations about rights and permissions.

6. Advertising Compliance & Content Standards

All advertisements and creative must be legal, decent, honest and truthful, and not misleading, discriminatory, or harmful. Acevertise follows ASCI’s Code of Self-Regulation and related guidelines; Client materials must comply. Where required by ASCI (e.g., influencer/paid content disclosures), disclosures must be clear and prominent.
Acevertise reserves the right to refuse, pause, or cancel content or campaigns that violate laws, platform policies, ASCI rules, or these Terms. Acevertise is not liable for third-party refusals, rejections, or removals by platforms.

7. Media Procurement & Third-Party Platforms

Media inventory is procured on the Client’s behalf under the terms of third-party platforms (Google, Meta, OTT, TV, radio, etc.). Acevertise will use reasonable skill and care, but cannot guarantee platform decisions, approvals, or continued availability.
Clients must follow platform-specific policies (e.g., Google Ads policies); failure to comply may result in account suspensions or blocked ads for which Acevertise is not responsible.

8. Pricing, Payment Terms, Taxes & Invoicing

All fees are quoted in INR unless otherwise stated. A non-refundable advance (percentage stated in SOW) is payable prior to work start.
Media buys, third-party production costs, and platform spends are billed either as pass-throughs or pre-funded amounts. Media budgets are estimates unless explicitly guaranteed.
GST and other applicable taxes will be added to invoices. Client is responsible for any withholding taxes unless required by law.

9. Reporting, Access & Data

Acevertise will provide periodic reports and access to dashboards as agreed. Reports reflect platform data and Acevertise analytics.
While Acevertise strives for accuracy, platform measurement discrepancies may occur. Reports are for informational purposes and not guarantees.

10. Personal Data, Privacy & Security

Acevertise acts as Data Fiduciary for personal data it collects and processes for service delivery and will comply with the Digital Personal Data Protection Act, 2023 and applicable rules, including the DPDP Rules 2025 that operationalise obligations for data fiduciaries (notably purpose limitation, storage limitation, security safeguards, breach notifications and cross-border transfer conditions). Clients must ensure they have lawful basis and explicit consents where required before sharing personal data with Acevertise.
Acevertise will implement reasonable technical and organisational measures to protect personal data. In the event of a data breach affecting personal data processed by us, Acevertise will follow applicable DPDP notification processes.
Where we act as a processor for Client data, roles and responsibilities will be set out in a Data Processing Addendum (DPA) consistent with the DPDP Act.

11. Cookies & Tracking Technologies

We use cookies and similar technologies for site analytics, ad measurement, personalization and campaign optimization. Our Cookie Policy explains types of cookies, purposes, and how users can opt out. Pixel, SDK, and tag implementations that collect personal data will be communicated to the Client.

12. Confidentiality

Each party will keep confidential all non-public business information (e.g., strategies, pricing, creative assets, budgets). Confidential information does not include information that is public, independently developed, or required to be disclosed by law.
Confidentiality obligations survive termination for 3 years (or longer if required by applicable law).

13. Intellectual Property

Acevertise retains ownership of its pre-existing IP, templates, workflow tools, and methodologies. Client retains ownership of Client materials provided to Acevertise.
On full payment, Acevertise assigns to the Client ownership of final deliverables (ads, creatives, copy) except where deliverables incorporate Acevertise’s pre-existing IP or third-party licensed materials — in which case Acevertise grants a perpetual, non-exclusive, worldwide license to the Client to use those deliverables for the intended purposes.
Client warrants it owns or has rights to use materials provided to Acevertise and indemnifies Acevertise against IP claims arising from Client materials.

14. Warranties & Representations

Each party warrants it has authority to enter into this Agreement. Acevertise warrants that services will be performed with reasonable skill and care. All other warranties (express or implied, including merchantability or fitness for a particular purpose) are excluded to the extent permitted by law.

15. Indemnity

Client indemnifies Acevertise against claims, losses, liabilities, damages, costs and expenses arising from Client content, Client’s breach, or Client’s violation of laws or third-party rights.
Acevertise will indemnify Client against third-party claims directly resulting from Acevertise’s gross negligence or willful misconduct in performing Services.

16. Limitation of Liability

Neither party will be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, or goodwill.
Acevertise’s aggregate liability arising from or related to the Services will not exceed the total fees paid by the Client to Acevertise for the particular SOW in the 12 months prior to the claim, except for liability arising from willful misconduct, gross negligence, or breaches of confidentiality or data protection law.

17. Term, Termination & Effect of Termination

Term is as specified in the SOW. Either party may terminate for material breach if the breaching party fails to cure within 30 days of written notice. Acevertise may suspend services for non-payment.
On termination, Client pays for all work performed, media committed, and non-cancelable third-party costs. Acevertise will deliver work completed and return or delete Client confidential information per Client instruction, subject to legal retention obligations.

18. Force Majeure

Neither party is liable for failure or delay due to causes beyond reasonable control (acts of God, government action, platform outages, strikes, pandemics). The affected party must notify the other promptly and use reasonable efforts to resume performance.

19. Audit, Recordkeeping & Compliance

Acevertise and Client will maintain records required by applicable laws (including DPDP and Consumer Protection rules) for a minimum period required by law. Client permits Acevertise to audit delivery and media invoices when reasonably requested to verify compliance with SOW spend and billing.
Acevertise will comply with lawful requests from government authorities and regulator enquiries, subject to legal process.

20. Platform & Policy Changes

Changes to platform policies (e.g., Google, Meta) or regulatory shifts (including DPDP rules) may require operational changes. Acevertise will notify Clients of significant changes; Clients acknowledge that such changes may affect campaign performance or availability.

21. Confidential Dispute Resolution & Governing Law

These Terms are governed by the laws of India. Any dispute will be referred to arbitration (if agreed) or litigated in courts. Where arbitration is chosen, the arbitration seat will be in the same city and arbitration will follow the Arbitration and Conciliation Act, 1996.

22. Contact

For questions about these Terms or the Services, contact:
Email: support@acevertise.com