Terms of Service

1. Who these terms are between

These terms are between Qann Commerce OÜ ("Qann", "we", "us"), a company registered in Estonia (registry code 17263654), serving clients in India through its Mumbai team, and you ("Client", "you"): the person or business using this website or engaging our services.

If you use this website, these terms apply to you. If you engage our services, these terms apply together with the proposal or agreement we both sign (the "Scope of Work"). If they conflict, the Scope of Work wins.

2. Using this website

• You may browse the site and contact us through it for lawful business purposes.
• You may not copy, scrape or resell its content, interfere with how it works, or try to reach parts of it you are not meant to.
• Our site is a brochure. Nothing on it is an offer that binds us until we both sign a Scope of Work.

3. Our services

We provide social media management, content creation and shoots, website design and development, influencer marketing, performance marketing and brand building, as described in each Scope of Work. The Scope of Work states the deliverables, timeline, fees and who does what.

Work outside the Scope of Work is quoted separately and starts only after you approve it in writing, including by email.

4. Fees, GST and payment

• Fees are fixed as stated in the Scope of Work and quoted in Indian rupees (INR) unless it says otherwise. Fees do not include GST, which we add at the rate in force (currently 18% on most of these services) and show on a GST invoice.
• Unless the Scope of Work says otherwise: 50% is due on signing, before work starts, and 50% on delivery. Monthly retainers are invoiced in advance.
• Invoices are due within 14 days. Overdue amounts carry interest of 1.5% per month from the due date, and we may pause work on overdue accounts.
• If you deduct tax at source (TDS), send us the certificate so we can claim the credit. The deduction must be at the correct rate and deposited on time.
• Ad spend, influencer fees, stock assets, licences, hosting and other third-party costs are not part of our fee. We agree them in advance and pass them through at cost. For paid media, ad spend is paid by you directly to the platform or to us as a pass-through, as the Scope of Work says.

5. Ownership and licences

• Once an invoice is paid in full, you own the work we created specifically for you under the Scope of Work: designs, copy, edits, footage, code and documentation. Until then we keep it and you may use it only as the Scope of Work allows.
• Our own tools, templates, libraries and methods, and open-source components, stay with us or their owners. You may use them as part of what we deliver.
• Music, fonts, stock and creator content may be licensed for a set period, platform or territory. We tell you the licence terms before you rely on them, and you must stay within them.
• You grant us the right to use the materials you give us (logos, product images, accounts, briefs) to do the work, and you confirm you have the right to give them to us.
• Unless you ask us in writing not to, we may show the finished work in our portfolio and case studies, without revealing confidential information.

6. Creators, influencers and platforms

Where we work with creators, we arrange terms between you and the creator or between us and the creator on your behalf, as the Scope of Work says. Creators are independent and not our employees.

Sponsored content must follow the Advertising Standards Council of India (ASCI) guidelines and the Consumer Protection Act, 2019, including clear disclosure of paid partnerships. You must give us claims you can support, and we will not publish a claim you cannot support.

Social, search and ad platforms set their own rules and can change them, suspend accounts or reject ads. We are not responsible for a platform's decisions, but we will help you respond.

7. What we need from you

• Timely access to accounts, products, brand assets and approvals.
• One person with authority to make decisions for you.
• Feedback within the time the Scope of Work sets. If feedback is late, dates move by the same amount.
• Lawful content and claims. You are responsible for the accuracy and legality of the products, prices, claims and offers you ask us to promote.

8. Confidentiality

Each of us keeps the other's non-public information confidential and uses it only for the engagement. This does not apply to information that is or becomes public without a breach, was already known to the receiver, or must be disclosed by law. It continues for 3 years after the engagement ends.

9. Warranties and disclaimer

We promise to deliver with reasonable skill and care and to match the agreed Scope of Work.

We do not promise any particular result: reach, followers, sales, rankings, return on ad spend or conversion rates depend on factors we do not control. Figures and layouts shown as samples on our site are illustrations, not client data and not promises.

Except as set out here, services are provided "as is" and we exclude all other warranties to the extent the law allows.

10. Limit of liability

To the extent the law allows, our total liability for any claim connected to the services is limited to the fees you paid us in the three months before the claim arose. We are not liable for indirect or consequential loss, or for lost profit, revenue or data.

Nothing in these terms limits liability that cannot be limited by law, including for fraud.

11. Ending an engagement

Either of us may end an engagement with 30 days written notice. You pay for work done to the end date, we hand over work completed to that date, and the refund terms in our Refund & Cancellation Policy apply.

Either of us may end it at once if the other materially breaches these terms and does not fix it within 14 days of written notice, becomes insolvent, or acts unlawfully.

12. Governing law and disputes

For Clients in India, these terms are governed by the laws of India. We will first try to settle any dispute in good faith for 30 days.

If that fails, the dispute goes to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by agreement or, failing that, as the Act provides. The seat and venue are Mumbai, the language is English, and the courts at Mumbai have exclusive jurisdiction over matters the Act leaves to the courts.

For Clients outside India, the governing law and courts are those named in the Scope of Work, or otherwise the laws of the Republic of Estonia and the courts of Tallinn.

13. General

• These terms and the Scope of Work are the whole agreement between us.
• If a part is unenforceable, the rest stays in force.
• Not enforcing a right is not giving it up.
• Neither of us may assign the agreement without the other's written consent.
• Neither of us is liable for delay caused by events outside our reasonable control, such as outages, platform changes, natural events or government action.
• We may update these terms. Changes apply to new engagements from the date posted, and to existing engagements when we have told you in writing.

14. Contact

Legal questions: legal@qann.co. Post: Qann Commerce OÜ, Ahtri tn 12, Kesklinna linnaosa, 15551 Tallinn, Harju maakond, Estonia.