Terms

Who you are dealing with

How work starts

With a brief. We talk about what you need, and we write down what we heard.

What we send back names the deliverables, the number of revisions, the milestones, the timeline, what we need from you and when, and what it costs. Nothing begins until that is agreed in writing.

That document governs the work. Where it and these terms disagree, it wins, because it is the one written about your project.

What a quote covers

The deliverables it names, in the formats it names, within the revisions it names.

Work outside it is a change, and a change is priced and agreed before it is done rather than added to an invoice afterwards.

A timeline assumes we get what we asked for when we asked for it. Where that slips, the timeline moves rather than the work getting worse.

Retainers

A monthly retainer starts on the date agreed and runs until either of us ends it, on the notice in the agreement.

What it covers is in that agreement rather than on a page, because the work differs by client.

Unused capacity in a month does not roll forward unless the agreement says it does.

Advertising spend

Where we run advertising, the media spend is yours and is separate from our fee.

Wherever possible it is paid on your own account, to the platform, so you can see it. We never mark it up.

Paying

As set out in the agreement for the work, which is usually part before and the rest on delivery.

In India no GST is added, because we are not registered for it. Where an invoice is raised outside India, any tax that applies is stated on the invoice.

Who owns the work

Rights in the delivered work pass to you when the work is paid for in full, unless the agreement says otherwise for a particular item.

Until then we keep them, which is what stops unpaid work being used.

Our own tools, methods, templates and anything we made before your project stay ours. So does the right to show finished work in our portfolio, unless you ask us not to and we agree that in writing.

What you give us

You need the right to everything you hand over: copy, photographs, logos, fonts, data, and anything else we are asked to use.

We rely on that. If something turns out not to be yours to give, the consequences of using it are not ours to carry.

Stopping

Either of us can stop a project. If you stop one, work already done is payable and anything reserved for it may be too, as set out in the agreement.

If we stop one, you pay for what has been delivered and we hand over what has been paid for.

Where we stand if something goes wrong

We do our work properly and fix what we get wrong. Creative work is a judgement, though, and we do not warrant a commercial result: not a ranking, not a conversion rate, not a number of leads.

Anybody promising you those is selling something else.

The limit of what we owe you

Stated plainly, because a limit hidden in a long paragraph is a limit a court is entitled to ignore.

If we are liable to you for anything arising out of these terms or your use of this service, the most we owe you in total is the greater of the fees you paid us in the month before the claim arose, or Rs 5,000.

We are not liable for indirect or consequential loss: lost profit, lost revenue, lost opportunity, lost goodwill, or the cost of work you did in reliance on something here. Where information you stored with us is lost, our responsibility is to restore it from backup if we can, and not to compensate you for what it was worth to you.

• Death or personal injury caused by our negligence.
• Fraud, or any fraudulent misrepresentation by us.
• Our own wilful misconduct or gross negligence.
• Anything the Consumer Protection Act, the Digital Personal Data Protection Act, or any other law does not permit us to limit or exclude.

None of the limits above apply to the things in that list. They are not limited by this agreement and cannot be.

Turtle Labs currently trades as a sole proprietorship, which means there is no company between you and Aditya Bisen. The limit above exists so that an ordinary disagreement about a Rs 999 profile stays an ordinary disagreement. It is not there to avoid putting right something we got wrong, and the refund terms above are deliberately more generous than this clause requires.

If you have a complaint

Write to Aditya Bisen at grievance@turtlelabs.co.in. We acknowledge within forty-eight hours and resolve within thirty days, and we will tell you where it has got to rather than leaving you to ask.

If that does not settle it, you can take it to a consumer forum, or to the National Consumer Helpline on 1915. Where the complaint is about your information rather than your purchase, the Data Protection Board of India is the place after us.

Nothing in these terms takes away a right the Consumer Protection Act gives you.

Law

Indian law applies, and the courts at Nagpur, Maharashtra have jurisdiction.

If you are a consumer, that clause does not stop you bringing a complaint where the law says you may bring it, which is usually where you live or work.

Changes

We may change these. If a change matters we will say so here and write to you, and it applies from when we do, not backwards.