Terms of Service

1. Services

BloomSpark Agency provides AI-powered digital agency services including, but not limited to:

• Brand identity design (logo, visual identity, brand guidelines)
• Website design and development
• Mobile application development (iOS, Android, React Native)
• AI integration, LLM implementation, and workflow automation
• UX/UI design and digital product strategy

The specific scope, timeline, and cost of each engagement are defined in a written proposal or Statement of Work (SOW) agreed between both parties prior to commencement.

2. Use of AI Tools

BloomSpark Agency uses AI-powered tools throughout our design, development, and delivery process. By engaging our services, you acknowledge and accept that:

• AI tools may be used to assist in research, copywriting, design exploration, code generation, and quality assurance
• Final deliverables are reviewed, refined, and approved by our team before delivery
• Confidential client information will not be submitted to AI tools in a way that could expose it to third-party training datasets
• The use of AI is what enables us to deliver faster and more cost-effectively — it does not diminish the quality or originality of our work

3. Client Responsibilities

To enable us to deliver on time and to a high standard, the Client agrees to:

• Provide a complete and accurate project brief, content, and assets by agreed deadlines
• Assign a primary point of contact with authority to approve decisions
• Provide feedback and approvals within the timelines specified in the project plan (typically 3–5 business days per round)
• Ensure that all materials provided to us (text, images, logos, data) are owned by the Client or properly licensed for use
• Inform us promptly of any changes to scope, priorities, or stakeholders

Delays caused by late feedback, missing assets, or changes in direction may affect project timelines and cost. BloomSpark Agency is not liable for delays attributable to the Client.

4. Payment Terms

• Deposit: A non-refundable deposit (typically 50% of the project total) is required before work commences. This secures your place in our schedule.
• Milestone payments: For larger projects, payments are structured around agreed milestones as set out in the proposal.
• Final payment: The remaining balance is due upon delivery of final files or launch, whichever occurs first.
• Invoices: Payment is due within 7 days of invoice date unless otherwise agreed in writing.
• Late payments: Overdue invoices may incur a late fee of 2% per month. Work may be paused until outstanding balances are settled.
• Taxes: All prices are exclusive of applicable taxes (GST or otherwise). The Client is responsible for any taxes applicable in their jurisdiction.

5. Revisions and Scope Changes

Each project includes a defined number of revision rounds as specified in the proposal. Additional revisions or changes outside the agreed scope will be quoted and billed separately.

• A "revision" is a refinement of an approved direction — not a change in direction
• Changes to the project brief, scope, or strategy after commencement constitute "scope changes" and will be treated as additional work
• We will notify the Client in writing before proceeding with any out-of-scope work and its associated cost

6. Intellectual Property

Client-owned IP

Upon receipt of full and final payment, the Client receives full ownership of all final deliverables created specifically for their project (logos, designs, code, etc.), unless otherwise agreed in writing.

BloomSpark-retained rights

BloomSpark Agency retains ownership of all work, concepts, and deliverables until final payment is received. We also retain ownership of our proprietary processes, methodologies, frameworks, and any pre-existing tools or code libraries used in delivery.

Third-party assets

Stock imagery, fonts, icons, plugins, or other third-party assets used in your project remain subject to their respective licences. The Client is responsible for ensuring continued compliance with those licences after handover.

Portfolio rights

BloomSpark Agency reserves the right to display completed work in our portfolio, on our website, and in case studies, unless the Client requests otherwise in writing prior to project commencement. We will always respect NDA requirements where applicable.

7. Confidentiality

Both parties agree to treat as confidential all non-public information shared during the engagement — including business strategy, product plans, financials, and technical details. This obligation survives termination of the project. Where a formal Non-Disclosure Agreement (NDA) is required, this should be agreed and signed before sharing sensitive materials.

8. Project Pause and Cancellation

• Client-initiated pause: If the Client places a project on hold for more than 4 weeks, we reserve the right to re-schedule the project subject to team availability. A re-activation fee may apply.
• Client cancellation: The deposit is non-refundable. If the Client cancels after work has commenced, they are liable for payment of all work completed to date, calculated at our standard day rate.
• BloomSpark cancellation: We reserve the right to terminate an engagement with 14 days written notice. In such cases, we will refund any fees paid for work not yet delivered.

9. Warranties and Representations

BloomSpark Agency warrants that:

• Services will be performed with reasonable skill, care, and professionalism
• Deliverables will conform to the agreed scope and specifications
• We have the right to provide the services described

We do not guarantee specific business outcomes, traffic growth, revenue targets, or search engine rankings. Digital results depend on many factors outside our control.

10. Limitation of Liability

BloomSpark Agency's total liability to the Client for any claim arising out of or in connection with a project shall not exceed the total fees paid by the Client for that specific project. We shall not be liable for any indirect, incidental, consequential, or special damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

11. Force Majeure

Neither party shall be liable for delays or failure to perform caused by circumstances beyond their reasonable control, including but not limited to natural disasters, government action, internet outages, or pandemic-related disruption. The affected party will notify the other promptly and both parties will work in good faith to resume normal operations.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the jurisdiction of the competent courts in Pune, Maharashtra, India.

13. Changes to These Terms

We may update these Terms from time to time. The version in effect at the time a project proposal is accepted governs that engagement. We will post updates on this page with a revised "Last updated" date.

14. Contact

For questions about these Terms or any aspect of your engagement with us:

BloomSpark Agency
Email: hello@bloomspark.agency
Phone: +91 92844 57782
Country: India