⚠️ Please read these Terms carefully. By accessing our website or using our services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our services.
Table of Contents
01 Definitions
- "Studio" / "We" / "Us": Electro Blast, the content creation studio operating at eblastkerala.shop.
- "Client" / "You": Any individual or business entity that accesses our website or engages our services.
- "Services": All content creation services offered by Electro Blast, including but not limited to cinematic reels, photography, brand collaborations, social media management, graphic design, video production, and WhatsApp marketing.
- "Content": All creative deliverables produced as part of an engagement, including videos, photos, graphics, copy, and designs.
- "Agreement": These Terms & Conditions, together with any signed service contract, proposal, or quotation.
- "WhatsApp Business API": The API provided by Meta Platforms, Inc. through which we may deliver WhatsApp marketing and communication services.
02 Services
Electro Blast provides content creation and digital media services. The specific scope of services will be as agreed in a written proposal, quotation, or direct communication. These Terms apply broadly to all engagements.
We reserve the right to:
- Modify, suspend, or discontinue any service at our discretion with reasonable notice.
- Refuse service to any entity that violates these Terms, applicable laws, or platform policies.
- Subcontract specialised work (e.g., drone shots, aerial photography, 3D renders) to qualified professionals while remaining responsible for delivery.
03 WhatsApp Marketing – Specific Terms
Where we provide WhatsApp Business API marketing or communication services, the following additional terms apply. These are in line with WhatsApp's Business Policy and Meta's Platform Terms.
3.1 Consent Requirements
The client is solely responsible for ensuring that all end users to whom WhatsApp messages are sent have provided clear, explicit, prior opt-in consent. Clients must:
- Maintain documented records of all end-user consents (date, method, and phone number).
- Ensure opt-in language clearly identifies that the user will receive WhatsApp messages from the business.
- Only provide us with phone numbers belonging to users who have consented.
- Not import purchased, rented, or scraped contact lists.
3.2 Prohibited WhatsApp Content
Clients may not use our WhatsApp services to send messages that:
- Contain spam, misleading, or deceptive content.
- Promote illegal products, services, or activities.
- Include content prohibited by WhatsApp's Commerce Policy (e.g., alcohol, tobacco, adult content, gambling, without applicable approvals).
- Harass, threaten, or discriminate against individuals.
- Violate any applicable data protection or consumer protection law.
- Are sent to users who have opted out or requested removal.
3.3 Opt-Out Compliance
Clients must ensure that all WhatsApp campaigns include a clear opt-out mechanism. When an end user opts out (e.g., replies "STOP"), the client must immediately cease further messaging to that individual and update their contact database accordingly.
3.4 Template Approval
All WhatsApp message templates must be submitted and approved by Meta before use. We assist with this process, but the client is responsible for ensuring template content complies with WhatsApp's guidelines. Unapproved templates may be rejected or result in account suspension.
3.5 Account Responsibility
If a client's WhatsApp Business Account is flagged, quality-rated, or suspended by Meta due to end-user complaints, policy violations, or high opt-out rates, we are not liable for any resulting service disruption.
📋 By engaging our WhatsApp services, the client agrees to comply with WhatsApp Business Policy, Commerce Policy, and all applicable data protection laws.
04 Client Obligations
As a client, you agree to:
- Provide accurate project briefs, brand guidelines, and creative references in a timely manner.
- Ensure that all materials, products, and locations provided for shoots are legally owned or properly licensed by you.
- Provide timely feedback and approvals within agreed timelines — delays in client approvals may affect delivery dates.
- Ensure talent, models, or spokespersons featured in content have given proper consent for use of their likeness.
- Not request content that violates applicable laws, platform policies, or third-party rights.
- Notify us promptly of any changes to project scope, brand guidelines, or scheduling that may affect production.
05 Content Ownership & Intellectual Property
Our IP: All proprietary techniques, workflows, editing presets, templates, and creative processes developed by Electro Blast remain our exclusive intellectual property.
Deliverables: Upon full payment, clients receive ownership of the final deliverables (e.g., edited reels, photos, graphics) as agreed in the contract. Raw footage, project files, and intermediate edits remain our property unless otherwise agreed in writing.
Client IP: You retain ownership of all brand assets, trademarks, and materials you provide to us. You grant us a limited licence to use these solely for delivering the agreed services.
Portfolio Use: Unless otherwise agreed in writing, we reserve the right to use completed content in our portfolio, showreel, social media, and marketing materials. If you require exclusivity, this must be agreed before production begins.
06 Payment Terms
- Fees are as agreed in the written quotation or proposal.
- A 50% advance payment is required before production begins, with the remaining 50% due upon delivery of final content — unless a different schedule is agreed in writing.
- Invoices are due within 7 days of issuance unless otherwise agreed.
- Late payments may attract interest at 2% per month on outstanding balances.
- We reserve the right to pause or withhold deliverables for accounts with payments overdue by more than 14 days.
- All fees are exclusive of applicable taxes (e.g., GST) unless otherwise specified.
- Refunds are not provided for work already completed, shoots already conducted, or ad spend deployed to third-party platforms.
07 Revisions & Approvals
- Each project includes up to 2 rounds of revisions at no additional cost, unless a different number is specified in the quotation.
- Additional revisions beyond the agreed number will be billed at our standard hourly rate.
- Revision requests must be submitted in writing (email or WhatsApp) within 7 days of receiving the draft deliverables.
- Silence beyond 7 days will be treated as implicit approval of the delivered content.
- Major scope changes (e.g., re-shooting, entirely new concepts) are treated as new projects and quoted separately.
08 Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes but is not limited to:
- Unreleased product details, launch plans, and marketing strategies.
- Brand assets, trade secrets, and proprietary content.
- Pricing, financial data, and contract details.
Confidentiality obligations survive termination of the engagement for a period of 2 years.
09 Limitation of Liability
To the maximum extent permitted by law:
- Our total cumulative liability for any claim arising out of or relating to our services shall not exceed the total fees paid by you in the 3 months preceding the claim.
- We are not liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, or data.
- We are not responsible for the performance or policies of third-party platforms (Meta, Instagram, YouTube, WhatsApp, etc.) including content take-downs, account restrictions, or algorithm changes.
- Content performance projections (e.g., view counts, engagement rates) are estimates only and do not constitute guarantees.
10 Warranties & Disclaimers
We warrant that our services will be performed with reasonable care, skill, and professionalism. We do not warrant:
- That content will achieve specific view counts, engagement rates, or viral status.
- That third-party platforms will approve all content or maintain consistent policies.
- That specific follower growth or revenue targets will be met.
Our website is provided "as is" without warranties of any kind regarding accuracy, completeness, or fitness for a particular purpose.
11 Termination & Cancellation
By the Client: You may cancel a project with 7 days' written notice before the scheduled production date. Fees for work, planning, and preparation already completed remain payable. Cancellations within 48 hours of a scheduled shoot will incur a 50% cancellation fee.
By Us: We may terminate with 7 days' written notice, or immediately if:
- You breach these Terms or applicable platform policies.
- You engage in fraudulent, illegal, or abusive behaviour.
- Payment remains outstanding for more than 30 days despite reminders.
Upon termination, we will provide all completed deliverables for which payment has been received. Confidentiality and IP clauses survive termination.
12 Governing Law
These Terms are governed by the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Kerala, India. We encourage resolution through good-faith negotiation before initiating formal proceedings.
13 Changes to Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Continued use of our services after changes take effect constitutes acceptance of the updated Terms.
14 Contact
For questions about these Terms, reach us at:
Electro Blast
Email: hello@eblastkerala.shop
Website: eblastkerala.shop