Welcome to BLUSTREAM MARKETING SOLUTIONS PRIVATE LIMITED (“Blustream,” “we,” “our,” or “us”). By accessing or using https://blustream.in (the “Website”) and/or engaging our services (the “Services”), you (“you,” “your,” or the “Client”) agree to these Terms & Conditions (the “Terms”). If you do not agree, please refrain from using the Website or Services.
Headings are for convenience only and do not affect interpretation.
2.1 What we do. Blustream offers integrated marketing solutions, including: strategy & consulting, branding & design, content creation, video & motion, web/app design & development, SEO, analytics, performance marketing, media planning & buying, marketing automation/CRM, and personal branding.
2.2 How scope is defined. Specific scope, milestones, timelines, resourcing, assumptions, and fees are defined in an SOW/IO/proposal accepted by you (email acceptance is sufficient). If there is any conflict, the order of precedence is: (i) SOW/IO; (ii) these Terms; (iii) proposal; (iv) Website.
2.3 Change requests. Out-of-scope requests or additional revisions require a written change order with revised fees/timelines. We will not be obligated to start changes until the change order is accepted.
2.4 Dependencies. Timelines are contingent on your timely inputs, content, approvals, and access to Third-Party Platforms. Delays in Client dependencies extend timelines on a day-for-day basis (or as reasonably required).
3.1 Age. You must be 18+ and legally capable of contracting.
3.2 Access. Where accounts are needed (e.g., ad accounts, analytics, hosting, domain, social profiles), you shall grant timely access with appropriate roles/permissions and maintain security of your credentials.
4.1 Accuracy. Provide accurate, complete, and up-to-date information.
4.2 Lawful Use. You will not misuse the Website/Services, attempt unauthorized access, or interfere with operations.
4.3 Approvals. Appoint a single point of contact authorized to review and approve assets. Written approvals (including email) signify acceptance for the relevant milestone.
4.4 Content Responsibility. You are solely responsible for the legality, accuracy, and non-infringing nature of Client Materials and for obtaining any licenses, consents, or releases (including talent/model/music/font/image licenses) required for their use.
5.1 Pre-existing IP. Each party retains all rights in its pre-existing IP (including Blustream’s internal tools, frameworks, code snippets, templates).
5.2 Work Product Ownership.
5.3 Portfolio Rights. You grant Blustream the right to display non-confidential Deliverables, case studies, and your trademarks for self-promotional purposes (website, creds decks, award entries, social posts), unless you expressly prohibit this in writing before project delivery.
5.4 Feedback. Any suggestions you provide may be used by Blustream without obligation.
5.5 Open Source. Where Deliverables include open-source components, those parts are provided under their respective licenses.
6.1 Fees. Fees are set out in the SOW/IO/proposal. Unless specified otherwise, fees are exclusive of all taxes.
6.2 Invoicing & Due Dates. Typical structure is advance/milestone/final payments as defined in the SOW. Invoices are due within the payment term stated (if unspecified, 7 calendar days). Media budgets and third-party costs are paid in advance.
6.3 Late Payments. Overdue amounts may incur interest at 1.5% per month (or the maximum permitted by law), plus reasonable recovery costs. We may suspend Services/Deliverables until all dues are cleared.
6.4 Taxes & Withholding. Applicable GST and other taxes are extra. TDS/withholding (if any) must be deducted and the certificate shared within statutory timelines.
6.5 Expenses. Approved out-of-pocket expenses (travel, stock, subscriptions, tools, couriers) are billable at cost (plus any agreed handling fee).
7.1 Budgets & Billing. Media spends (Google, Meta, LinkedIn, programmatic/DSP, etc.) are funded directly by Client to the platform or prepaid to Blustream for onward payment.
7.2 Platform Compliance. You agree to abide by each platform’s policies, ad guidelines, brand safety, data use rules, and applicable laws (including consumer protection, advertising standards, IP, and privacy).
7.3 No ROI/Warranty. Performance marketing outcomes depend on numerous external factors (competition, algorithms, seasonality, product-market fit). We do not guarantee specific rankings, impressions, leads, conversions, or ROI.
7.4 Account Ownership. Unless stated otherwise, ad/analytics/hosting domains/accounts belong to the party that created/funds them. We recommend Client ownership with Blustream as an authorized partner.
8.1 Revisions. Revision rounds included (if any) are stated in the SOW. Additional revisions are chargeable.
8.2 Acceptance. Deliverables are deemed accepted when (i) you provide written approval; or (ii) 5 Working Days pass after delivery with no written rejection listing specific, reasonable, and verifiable issues against the SOW criteria.
8.3 Handover. Final source files or credentials (where applicable) are shared post full payment of all dues.
9.1 Environment & Hosting. Unless expressly included, hosting, domain, emails, SSLs, CDNs, and servers are Client’s responsibility.
9.2 Third-Party Plugins & Updates. Plugins/themes/licenses are subject to vendor terms. Post-launch updates, compatibility, and renewals are out of scope unless a maintenance plan is subscribed.
9.3 Maintenance & Support. If purchased, response and resolution targets are reasonable efforts and not SLAs unless expressly agreed.
9.4 Security. We use industry-standard practices, but no system is 100% secure. Client is responsible for backups unless a backup plan is contracted.
Subject to the Refund Policy and Cancellation Policy on the Website:
Third-party costs (media, licenses, hosting) are non-refundable once committed.
11.1 Confidentiality. Each party must keep confidential the other’s non-public information and use it only to fulfill the Agreement. This survives termination.
11.2 Personal Data. Each party will comply with applicable data protection laws (including India’s DPDP Act 2023, GDPR/UK GDPR where applicable). Our Privacy Policy forms part of these Terms. A Data Processing Addendum (DPA) can be executed upon request for controller-processor relationships.
You will not: (i) use the Services for unlawful, defamatory, obscene, hateful, or discriminatory content; (ii) infringe IP/privacy rights; (iii) introduce malware; (iv) perform scraping or load testing without consent; (v) send spam or misleading communications; (vi) attempt to bypass security.
13.1 Mutual. Each party warrants it has the authority to enter this Agreement.
13.2 Blustream. We provide the Website/Services on an “as is” and “as available” basis and disclaim all implied warranties (merchantability, fitness, non-infringement, error-free/continuous operation). Advice, forecasts, or performance projections are not guarantees.
13.3 Client. You warrant that Client Materials: (i) are accurate and lawful; (ii) do not infringe third-party rights; and (iii) where required, have necessary approvals/consents.
To the maximum extent permitted by law:
You agree to indemnify, defend, and hold harmless Blustream, its directors, employees, and agents from claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of: (i) your breach of these Terms; (ii) Client Materials; (iii) violation of laws or third-party rights; or (iv) your use of the Services.
We may suspend or terminate access to the Website/Services immediately upon notice if: (i) payments are overdue; (ii) you breach these Terms; (iii) unlawful or harmful activity is suspected; or (iv) required by law. Upon termination, accrued fees remain payable and clauses intended to survive will do so (including IP, confidentiality, payment, limitations, indemnity, governing law).
Neither party is liable for delays/failures due to events beyond reasonable control (including acts of God, government actions, strikes, network failures, platform outages, epidemics, war). Obligations are suspended for the duration of the event.
During the engagement and for 6 months thereafter, you will not directly solicit for employment any Blustream employee who worked on your account, without written consent. General public recruitment is exempt.
Parties will comply with applicable laws (advertising, consumer, IP, IT, privacy, anti-spam), anti-bribery/anti-corruption, export controls, and sanctions regulations. You will not use the Services in sanctioned countries or for prohibited entities.
You consent to receive communications electronically. Formal notices shall be sent by email to info@blustream.in (for Blustream) and to the email you designate in the SOW/IO. Notices are deemed received on the next Working Day after sending, absent bounce-back.
The Website may include links or integrations to Third-Party Platforms. Use is at your discretion and governed by those providers’ terms. We are not responsible for third-party content, security, availability, or practices.
We may update the Website and these Terms from time to time. Updates become effective upon posting with a revised “Last Updated” date. Your continued use constitutes acceptance.
You may not assign or transfer the Agreement without our prior written consent (not to be unreasonably withheld). We may assign to an affiliate or in connection with a merger/acquisition. We may subcontract obligations while remaining responsible for performance.
These Terms are governed by the laws of India. The courts located in Mumbai, Maharashtra shall have exclusive jurisdiction. Before filing suit, the parties will attempt good-faith resolution within 15 days of a written dispute notice.
Language. If translated, the English version governs.
BLUSTREAM MARKETING SOLUTIONS PRIVATE LIMITED
Registered Office: A-2, Tulip CHS, Mahindra Gardens, S.V. Road, Goregaon West, Mumbai, Maharashtra, India – 400062
Email: info@blustream.in
Website: https://blustream.in