Terms & Conditions & Privacy Policy

1. Services Offered

Atomic Media provides social media management, content production, paid advertising (performance marketing), branding, web development, and AI automation services, delivered either as one-off projects or under tiered retainer packages (e.g. Growth, Scale, Dominate) as agreed in the applicable proposal or statement of work (SOW).

2. Proposals, Quotations & Scope

• All services are governed by a written proposal, quotation, or SOW issued by Atomic Media, which forms part of these Terms.
• Scope of work, deliverables, timelines, and pricing specified in the proposal take precedence over any verbal discussions.
• Any work requested outside the agreed scope will be treated as a change request and billed separately, subject to mutual written agreement.

3. Fees, Payment Terms & Invoicing

• Fees are as set out in the applicable proposal/invoice and are exclusive of applicable taxes (including GST), unless stated otherwise.
• Retainer fees are billed in advance for each billing cycle (monthly/quarterly, as agreed) and are due within 7 days of invoice date unless otherwise specified.
• Project-based engagements typically follow a 50% advance and 50% on delivery structure, or as specified in the SOW.
• Late payments beyond 15 days may attract a delay fee of up to 2% per month and may result in suspension of services until dues are cleared.
• Third-party costs (ad spend, software licenses, stock assets, hosting, domains, influencer fees, printing, etc.) are billed separately and are not included in the agency fee unless explicitly stated.

4. Client Responsibilities

• The Client agrees to provide timely access to brand assets, login credentials, content approvals, and feedback required for Atomic Media to deliver services on schedule.
• Delays in providing approvals, assets, or access may result in corresponding delays to project timelines, for which Atomic Media is not responsible.
• The Client warrants that all content, logos, trademarks, and materials supplied to Atomic Media for use in campaigns are owned by or duly licensed to the Client, and indemnifies Atomic Media against any third-party claims arising from such materials.

5. Term, Renewal & Termination

• Retainer engagements run for the term specified in the SOW and renew automatically for successive periods unless either party gives written notice of non-renewal at least 15 days before the end of the current term.
• Either party may terminate a retainer engagement with 30 days' written notice.
• Atomic Media reserves the right to suspend or terminate services immediately in case of non-payment, breach of these Terms, or misuse of services (including unlawful, defamatory, or fraudulent campaign content).
• Upon termination, the Client is liable for all fees due for work completed and committed third-party costs (such as pre-booked ad spend) up to the termination date.

6. Intellectual Property

• Upon full payment, the Client owns the final approved deliverables created specifically for them (e.g. final designs, copy, website code), except for any pre-existing tools, frameworks, templates, or proprietary methodologies of Atomic Media, which remain Atomic Media's property.
• Atomic Media retains the right to showcase completed work (excluding confidential strategy documents) in its portfolio, case studies, and marketing materials, unless the Client requests confidentiality in writing.
• Stock assets, fonts, plugins, or third-party tools used in deliverables remain subject to their respective licenses.

7. Confidentiality

Both parties agree to keep confidential any non-public business, financial, or strategic information shared during the engagement, and to use such information solely for the purpose of fulfilling the services, both during and after the term of engagement.

8. Performance Disclaimer

Atomic Media applies industry best practices across strategy, content, and paid media; however, we do not guarantee specific outcomes such as follower counts, engagement rates, lead volumes, sales conversions, or rankings, as these depend on factors outside our control including platform algorithms, market conditions, and client-side execution (e.g. product/service quality, pricing, operations).

9. Limitation of Liability

To the maximum extent permitted by law, Atomic Media's total liability for any claim arising from the services shall not exceed the fees paid by the Client for the specific service giving rise to the claim in the preceding 3 months. Atomic Media shall not be liable for indirect, incidental, or consequential damages, including loss of profits or business opportunities.

10. Third-Party Platforms & Ad Spend

• Atomic Media is not responsible for outages, policy changes, account suspensions, or ad disapprovals caused by third-party platforms (Meta, Google, LinkedIn, etc.).
• Ad spend is managed transparently; any ad account access required is solely for campaign execution and reporting purposes.

11. Force Majeure

Neither party shall be held liable for delay or failure to perform obligations due to causes beyond reasonable control, including natural disasters, internet/platform outages, government regulations, or other force majeure events.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any disputes shall first be attempted to be resolved amicably; failing which, they shall be subject to the exclusive jurisdiction of the courts at Faridabad, Haryana, India.

13. Amendments

Atomic Media may update these Terms from time to time. Continued use of our services after such updates constitutes acceptance of the revised Terms. Material changes affecting active retainer clients will be communicated in writing.

14. Contact

For any questions regarding these Terms, please contact us at info@atomicmedia.in or visit our office at Faridabad, Delhi NCR, India.

1. Information We Collect

• Contact details: name, email address, phone number, company name, and designation, submitted via contact forms, proposals, or email correspondence.
• Business information: details shared for the purpose of crafting proposals, strategies, or campaigns (e.g. brand assets, target audience data, business goals).
• Account & access information: login credentials or access tokens for ad accounts, social media pages, or website/CMS platforms, shared solely for service delivery.
• Website usage data: IP address, browser type, device information, and pages visited, collected through cookies and analytics tools.
• Payment information: billing details required for invoicing; Atomic Media does not store full card or banking credentials, which are processed via secure third-party payment gateways.

2. How We Use Your Information

• To respond to inquiries, prepare proposals, and onboard clients.
• To deliver contracted services, including campaign management, content creation, and reporting.
• To process payments and maintain accounting/invoicing records.
• To communicate updates, performance reports, and relevant marketing communications (with opt-out available at any time).
• To improve our website, services, and internal processes through aggregated, anonymized analytics.

3. Legal Basis & Consent

We process personal data based on consent provided by the individual (e.g. submitting a form, signing a proposal) or as necessary to perform a contract with the Client. Where required, we will seek explicit consent before processing personal data for purposes beyond service delivery.

4. Data Sharing & Third Parties

• We do not sell personal data to third parties.
• Data may be shared with trusted third-party tools and platforms used to deliver services (e.g. Meta, Google, HubSpot, Zoho, Make.com, hosting providers), strictly for service execution.
• Data may be disclosed if required by law, court order, or government authority.
• Interns and team members accessing client data are bound by confidentiality obligations.

5. Data Storage & Security

We implement reasonable administrative, technical, and physical safeguards to protect personal data against unauthorized access, alteration, or disclosure, including restricted access controls and secure storage of credentials. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

6. Data Retention

Personal and business data is retained for as long as necessary to fulfil the purposes outlined in this policy, comply with legal/tax obligations (such as GST and invoicing records), or as agreed with the Client. Data is deleted or anonymized once it is no longer required, unless retention is mandated by law.

7. Cookies & Website Analytics

Our website may use cookies and similar technologies to enhance user experience and gather analytics on site usage. Users can control cookie preferences through their browser settings; disabling cookies may affect certain website functionalities.

8. Your Rights

• Access the personal data we hold about you.
• Request correction of inaccurate or outdated data.
• Request deletion of your data, subject to legal/contractual retention requirements.
• Withdraw consent for marketing communications at any time.
• Raise grievances regarding the handling of your personal data, which we will address within a reasonable timeframe.

9. Children's Privacy

Our services and website are not directed at individuals under the age of 18, and we do not knowingly collect personal data from minors.

10. Changes to This Policy

We may update this Privacy Policy periodically to reflect changes in our practices or legal requirements. The updated policy will be posted on our website with a revised effective date.

11. Contact Us

For privacy-related questions, data access, or deletion requests, please reach out via email at info@atomicmedia.in or write to us at Faridabad, Delhi NCR, India.