Terms of Service
Please read this Terms of Service Agreement carefully. By placing an order for services or products from Earthly Technologies, you agree to be legally bound by the terms and conditions outlined below.
This Terms of Service Agreement ("Agreement") is entered into between Earthly Technologies ("we" or "us") and the buyer or client ("Client" or "you") upon placement of any order for services or products. This includes all our offerings and deliverables provided in any capacity. References to the Client also include its affiliates, subsidiaries, or parent companies. This Agreement incorporates by reference our policies and guidelines published on our website.
We reserve the right to update this Agreement at any time. The latest revision date will always be posted at the top of this page. Continued engagement with Earthly Technologies after a revision signifies your agreement to the updated terms. Please review this document regularly.
I. Scope
This Agreement applies to all materials, including images, graphics, digital assets, and deliverables created or provided by Earthly Technologies. No communication or correspondence shall override these terms unless agreed upon in writing.
II. Rights
All copyrights, ownership rights, and media in which the deliverables are stored remain the exclusive property of Earthly Technologies unless otherwise agreed upon. Any usage rights are limited to the scope outlined in the license granted. Unauthorized usage, reproduction, or alteration of copyright information is strictly prohibited and may result in legal liability under Indian or international laws.
III. Independent Relationship
Earthly Technologies operates as an independent contractor. Nothing in this Agreement shall be interpreted to create a partnership, joint venture, or employer-employee relationship. No party is authorized to bind or represent the other unless explicitly agreed to in writing.
IV. Orders and Billing
All service engagements begin with a written Quotation that includes scope, pricing, and terms. The terms of the Quotation become binding upon acceptance and activation of the Order by the Client. Invoices are issued in accordance with the agreed-upon terms, including any advance payments.
V. Creation
We retain full creative control over how deliverables are produced. We aim to ensure the final output meets your specifications and is delivered within agreed timelines.
VI. Delivery
Deliverables will be provided in industry-standard formats such as JPEG, PDF, SVG, AI, or similar. It is the Client’s responsibility to review and verify suitability within five business days. Earthly Technologies is not liable for reproduction issues, delays, or indirect losses. We are not obligated to archive deliverables beyond this review period.
VII. Fees
All fees are due within three business days of delivery unless otherwise stated. Typically, an advance of forty percent is required to begin the work. Delays in payment may result in the suspension or revocation of licenses granted. If payment remains pending after fifteen business days, all rights granted may be withdrawn, and the Client must remove and destroy all assets delivered. Non-compliance may lead to legal action.
VIII. Cancellations
If the Client cancels an Order, any payments made are non-refundable, and additional costs may be invoiced based on work completed. If Earthly Technologies cancels the Order, a proportional refund will be issued based on work pending, and all usage rights will be revoked.
IX. Public Display and Credits
This is a non-exclusive relationship. Both parties may display each other’s logos, names, or project work in their respective portfolios unless agreed otherwise in writing.
X. Transfer and Assignment
The Client may not assign or transfer any rights under this Agreement without prior consent. Any additions to these terms reflected in the Quotation or Invoice will supersede conflicting terms in this document.
XI. Limitation of Liability
Our liability, under any circumstances, is limited to the total amount paid for services or products. We are not liable for any indirect, incidental, or consequential damages, including lost profits or reputational harm.
XII. Indemnification
The Client agrees to indemnify and hold harmless Earthly Technologies against any legal claims arising from materials provided by the Client or usage of our deliverables. The Client is responsible for securing rights and permissions for third-party materials.
XIII. Governing Law and Disputes
This Agreement shall be governed by the laws of the State of Tamil Nadu, India. All disputes will be resolved exclusively in the courts of Chennai. Claims must be filed within one year of occurrence. If necessary, mediation may be initiated before litigation.
XIV. Severability
If any part of this Agreement is found to be invalid, the remaining sections will remain in effect and enforceable. Any invalid clauses will be revised to align with enforceable legal standards.
XV. Waiver
No action or inaction shall be deemed a waiver of any provision unless explicitly confirmed in writing. All rights not granted are reserved by Earthly Technologies. Clients waive the right to join claims in class actions and agree to resolve disputes individually.
XVI. Contact
If you have any questions about this Agreement, please contact:
legal@earthlytechnologies.com
Subject line: Terms of Service Enquiry
We will do our best to respond within a reasonable timeframe.