Terms of Service

1. Acceptance of Terms

By accessing or using the Upmark Media website ("Site") or engaging our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you should not use our Site or services. These terms apply to all visitors, users and clients.

2. Services

Upmark Media provides integrated marketing services including, but not limited to, marketing strategy, performance marketing, content production, social media management and SEO. The specific scope, deliverables and timelines of services are defined in individual project proposals and agreements signed between Upmark and the client.

3. Intellectual Property

All content on this website — including text, graphics, logos, images, videos, animations and software — is the property of Upmark Media or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify or create derivative works from any content on this Site without our express written permission.

For client work, intellectual property rights and ownership of deliverables are governed by the individual service agreement between Upmark and the client. Upon full payment, clients typically receive full ownership of the deliverables created for them.

4. Client Responsibilities

When engaging our services, clients agree to:

• Provide accurate and timely information, materials and feedback required for project execution
• Make payments according to the agreed schedule outlined in the project proposal
• Review and approve deliverables within the timelines specified in the agreement
• Ensure they have the legal right to use any materials (logos, images, copy) provided to Upmark

5. Payment Terms

Payment terms are specified in individual project proposals. Unless otherwise agreed, invoices are payable within 14 days of issue. Late payments may incur interest charges at 2% per month on the outstanding balance. Upmark reserves the right to suspend services for overdue accounts.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, financial data, campaign performance metrics and any other information designated as confidential. This obligation survives the termination of any agreement.

7. Limitation of Liability

To the maximum extent permitted by law, Upmark Media shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from or related to your use of our Site or services. Our total liability for any claim shall not exceed the total fees paid by the client for the specific service giving rise to the claim.

8. Termination

Either party may terminate a service engagement by providing 30 days written notice. Upon termination, the client shall pay for all work completed up to the termination date. Any pre-paid fees for undelivered work will be refunded on a pro-rata basis. Upmark reserves the right to terminate services immediately in case of material breach by the client.

9. Website Use

You agree not to:

• Use our Site for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to any part of the Site or its systems
• Interfere with or disrupt the integrity or performance of the Site
• Use automated systems (bots, scrapers) to access the Site without our written consent

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes arising from or related to these terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.

11. Changes to Terms

Upmark reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to this page. Your continued use of the Site after any changes constitutes acceptance of the updated terms.