Terms & Conditions
# TERMS & CONDITIONS
**Effective Date:** 4 September 2026
**Last Updated:** 4 September 2026
Welcome to **Nitaliya Creatives**.
These Terms & Conditions (“Terms”, “Terms & Conditions”) govern your access to and use of the Nitaliya Creatives website, client dashboard, digital platforms, communication systems and services.
By accessing, browsing, registering, signing up, logging in, purchasing, requesting or using any service provided by Nitaliya Creatives, you agree to be legally bound by these Terms & Conditions.
If you do not agree with any part of these Terms, you should not use the website or services.
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# 1. DEFINITIONS
For the purpose of these Terms:
**“Nitaliya Creatives”, “we”, “us” or “our”** means Nitaliya Creatives and its authorized representatives.
**“Client”, “you” or “your”** means any individual, business, organization or entity accessing or using our website or services.
**“Website”** means the Nitaliya Creatives website and associated digital platforms.
**“Client Dashboard”** means the private account or portal provided to clients for accessing project-related information, communication, files, deliverables or other features.
**“Services”** means any creative, photography, videography, editing, branding, design, marketing, social media, website, content creation or other service offered by Nitaliya Creatives.
**“Deliverables”** means the final files, creative assets, photographs, videos, designs, documents or other materials agreed to be delivered to the client.
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# 2. ACCEPTANCE OF TERMS
By using the website or services, you confirm that:
* You have read these Terms.
* You understand these Terms.
* You agree to comply with these Terms.
* You have the legal capacity or authorization to enter into an agreement.
* Information provided by you is accurate to the best of your knowledge.
If you are using our services on behalf of a company, business or organization, you confirm that you have the authority to act on behalf of that entity.
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# 3. WEBSITE USE
You may use the Nitaliya Creatives website only for lawful purposes.
You must not:
* Use the website for fraudulent purposes.
* Attempt to gain unauthorized access to accounts or systems.
* Attempt to bypass security controls.
* Upload malicious software or harmful files.
* Interfere with website functionality.
* Scrape, copy or reproduce website content without authorization.
* Impersonate another person or organization.
* Use another person's account without authorization.
* Submit false or misleading information.
* Use the website in violation of applicable laws.
* Attempt to damage or disrupt our servers, systems or services.
Nitaliya Creatives reserves the right to restrict or terminate access where misuse, fraud, unauthorized activity or violation of these Terms is reasonably suspected.
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# 4. ACCOUNT REGISTRATION
Certain website features may require you to create an account.
When creating an account, you agree to provide accurate and current information.
You are responsible for:
* Maintaining accurate account information.
* Keeping your login credentials confidential.
* Protecting your password.
* Protecting OTPs.
* Preventing unauthorized use of your account.
* Not sharing your account with unauthorized persons.
Nitaliya Creatives is not responsible for unauthorized activity resulting from your failure to protect your account credentials, except to the extent liability cannot legally be excluded.
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# 5. EMAIL, MOBILE AND WHATSAPP VERIFICATION
Nitaliya Creatives may require email, mobile number or WhatsApp verification before allowing account registration, login or access to certain features.
Verification may be performed through OTP or other authentication mechanisms.
You agree that:
* The mobile number and email address provided by you belong to you or are used with proper authorization.
* You will not misuse OTP functionality.
* You will not attempt to obtain or use another person's OTP.
* You will not attempt to bypass verification mechanisms.
* You will not create fraudulent or duplicate accounts for abusive purposes.
OTP delivery may depend on third-party communication providers. Nitaliya Creatives does not guarantee that OTP messages will always be delivered instantly or without interruption.
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# 6. CLIENT DASHBOARD
Nitaliya Creatives may provide eligible clients with access to a Client Dashboard.
Depending on the services purchased, the dashboard may provide features such as:
* Profile management.
* Project information.
* Project status.
* Project communication.
* File uploads.
* File downloads.
* Deliverables.
* Project updates.
* Invoices.
* Payment information.
* Notifications.
* Other client-related features.
Nitaliya Creatives may modify, add, suspend or discontinue dashboard features from time to time.
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# 7. SERVICES
Nitaliya Creatives may provide services including, but not limited to:
* Photography.
* Videography.
* Reel shooting.
* Video editing.
* Photo editing.
* Social media content.
* Social media management.
* Branding.
* Graphic design.
* Website design and development.
* Digital marketing.
* Content creation.
* Creative consultation.
* Other creative and digital services.
The exact scope of services will depend on the quotation, proposal, project brief, invoice, service agreement or other written confirmation provided to the client.
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# 8. PROJECT SCOPE
Before beginning a project, Nitaliya Creatives may define the project scope, including:
* Services included.
* Number of deliverables.
* Format.
* Duration.
* Timeline.
* Number of revisions.
* Pricing.
* Payment schedule.
* Client responsibilities.
* Delivery method.
* Other project-specific requirements.
Any work outside the agreed scope may be treated as additional work and may incur additional charges.
Nitaliya Creatives is not obligated to provide additional work that was not included in the agreed scope unless separately agreed.
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# 9. QUOTATIONS AND PRICING
Prices may be communicated through:
* Quotations.
* Proposals.
* Invoices.
* Website pricing.
* Written communication.
* Project agreements.
Unless specifically stated otherwise, a quotation does not necessarily constitute a final acceptance of an order.
Nitaliya Creatives reserves the right to correct pricing or description errors where such errors are accidental or technical.
The final applicable price shall be the price agreed between Nitaliya Creatives and the client for the relevant project or service.
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# 10. PAYMENT TERMS
Clients agree to make payments according to the payment schedule communicated by Nitaliya Creatives.
Depending on the project, payment may include:
* Advance payment.
* Partial payment.
* Milestone payment.
* Final payment.
* Subscription or recurring payment.
* Other mutually agreed payment arrangements.
Unless otherwise agreed in writing, Nitaliya Creatives may require payment before starting certain services.
Nitaliya Creatives may pause work, delay delivery or restrict access to certain project services where required payments are overdue.
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# 11. PAYMENT PROCESSING
Payments may be processed through third-party payment providers.
Nitaliya Creatives is not responsible for:
* Payment gateway outages.
* Bank failures.
* Card failures.
* Transaction delays.
* Incorrect banking information provided by the client.
* Third-party payment provider errors.
Payment providers may have their own terms and policies.
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# 12. PROJECT START
A project may be considered confirmed when one or more of the following occurs:
* The client accepts the quotation or proposal.
* The client confirms the project in writing.
* Required advance payment is received.
* A project agreement is accepted.
* Nitaliya Creatives begins work based on the client's confirmed instructions.
Project timelines may begin from the date on which all required information, materials, approvals and payments have been received.
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# 13. CLIENT RESPONSIBILITIES
Clients are responsible for providing:
* Accurate project requirements.
* Required content and information.
* Brand assets.
* Logos and references.
* Required approvals.
* Access credentials where legitimately required.
* Feedback within reasonable timeframes.
* Required permissions and licences.
* Timely payments.
Delays caused by missing information, delayed feedback, unavailable approvals or late payments may affect project timelines.
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# 14. CLIENT-PROVIDED CONTENT
The client represents that they have the necessary rights, permissions, licences and authorization to provide any:
* Images.
* Videos.
* Logos.
* Music.
* Fonts.
* Documents.
* Designs.
* Text.
* Trademarks.
* Brand assets.
* Other materials.
The client is responsible for claims arising from content supplied by the client that infringes third-party rights or violates applicable law, to the extent legally attributable to the client.
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# 15. CREATIVE DIRECTION
Creative work involves subjective judgment.
Designs, photographs, videos, edits, concepts, colour choices, compositions, layouts, scripts and other creative outputs may vary based on:
* Creative direction.
* Client references.
* Brand requirements.
* Technical limitations.
* Platform requirements.
* Professional judgment.
Nitaliya Creatives will make reasonable efforts to deliver work according to the agreed brief and scope.
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# 16. REVISIONS
Where revisions are included in a project, they must remain within the agreed scope.
A revision may include reasonable changes to an existing approved concept or deliverable.
A request for an entirely new concept, substantially different direction, additional deliverable or work outside the agreed scope may be treated as additional work and may incur additional charges.
The number of included revisions, where applicable, will be communicated in the relevant quotation, proposal or project agreement.
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# 17. APPROVALS
The client is responsible for reviewing and approving deliverables.
Once a deliverable has been approved by the client, subsequent substantial changes may be treated as additional work.
The client should carefully review:
* Names.
* Dates.
* Numbers.
* Contact information.
* Product details.
* Prices.
* Spelling.
* Brand information.
* Legal claims.
* Other factual information.
Nitaliya Creatives shall not be responsible for errors contained in information supplied or approved by the client, to the extent permitted by applicable law.
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# 18. PROJECT TIMELINES
Nitaliya Creatives will make reasonable efforts to complete projects within agreed timelines.
However, timelines may be affected by:
* Delayed client feedback.
* Missing information.
* Late payments.
* Changes in project scope.
* Third-party delays.
* Technical issues.
* Force majeure events.
* Unforeseen circumstances.
Unless expressly guaranteed in a written agreement, project timelines are estimates and not absolute guarantees.
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# 19. PHOTOGRAPHY AND VIDEOGRAPHY SERVICES
For photography or videography projects, the client acknowledges that final results may be affected by factors including:
* Weather.
* Lighting conditions.
* Location conditions.
* Subject availability.
* Client delays.
* Equipment or technical issues.
* Venue restrictions.
* Third-party restrictions.
* Natural variations in the shooting environment.
Nitaliya Creatives will use reasonable professional efforts to provide the agreed service.
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# 20. CONTENT AND MARKETING RESULTS
Where Nitaliya Creatives provides marketing, social media, advertising, content or promotional services, we do not guarantee specific:
* Sales.
* Revenue.
* Leads.
* Followers.
* Engagement.
* Views.
* Likes.
* Reach.
* Rankings.
* Conversions.
* Business growth.
Results may depend on numerous factors outside our reasonable control, including market conditions, platform algorithms, competition, pricing, client operations, audience behavior and third-party platform policies.
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# 21. THIRD-PARTY PLATFORMS
Certain services may involve third-party platforms such as social media platforms, advertising platforms, hosting services, payment gateways, communication platforms, cloud storage providers or other external services.
Nitaliya Creatives does not control independent third-party platforms.
We are not responsible for changes, restrictions, outages, suspensions, algorithm changes, policy changes, account bans or other actions taken by third-party platforms, except where liability cannot legally be excluded.
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# 22. INTELLECTUAL PROPERTY — NITALIYA CREATIVES
Unless otherwise agreed in writing, the Nitaliya Creatives website, including its:
* Branding.
* Logo.
* Website design.
* Layout.
* Original graphics.
* Text.
* Website content.
* Original templates.
* Original processes.
* Other proprietary materials
may be protected by applicable intellectual property laws.
You may not reproduce, copy, modify, distribute, sell, publish or commercially exploit Nitaliya Creatives' proprietary website materials without appropriate authorization.
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# 23. CLIENT INTELLECTUAL PROPERTY
Subject to payment of all applicable amounts and any project-specific agreement, ownership or usage rights in final client-specific deliverables may be transferred or licensed as agreed between Nitaliya Creatives and the client.
Unless expressly agreed otherwise, Nitaliya Creatives retains ownership of:
* Internal working files.
* Raw project files.
* Unused concepts.
* Drafts.
* Source files.
* Internal templates.
* Pre-existing materials.
* Proprietary methods.
* Internal workflows.
* Reusable tools and processes.
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# 24. RAW FILES AND SOURCE FILES
Unless specifically included in the agreed scope, Nitaliya Creatives is not obligated to provide:
* RAW photographs.
* Unedited video footage.
* Project files.
* Editable design files.
* Source files.
* Working files.
* Unused concepts.
If such files are requested and Nitaliya Creatives agrees to provide them, additional charges or separate terms may apply.
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# 25. MUSIC, STOCK CONTENT AND THIRD-PARTY ASSETS
Where projects use music, stock footage, stock images, fonts, plugins, templates, software or other third-party assets, their use may be subject to separate licences or restrictions.
Nitaliya Creatives will use such materials in accordance with the applicable licence or agreed project requirements where reasonably practicable.
The client is responsible for complying with any licence restrictions that apply to assets supplied or selected by the client.
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# 26. PORTFOLIO RIGHTS
Unless otherwise agreed in writing, Nitaliya Creatives may showcase completed non-confidential work created for clients in:
* Portfolio.
* Website.
* Social media.
* Presentations.
* Case studies.
* Marketing materials.
Confidential projects or projects subject to written confidentiality restrictions will be handled according to the applicable agreement.
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# 27. CONFIDENTIALITY
Nitaliya Creatives will take reasonable steps to keep confidential information provided by clients confidential, subject to:
* Information already publicly available.
* Information independently developed.
* Information lawfully received from another source.
* Information required to be disclosed by law.
* Information reasonably necessary for authorized service providers to perform the requested service.
Where a separate Non-Disclosure Agreement (“NDA”) or confidentiality agreement exists, its specific terms may govern the relevant confidential information.
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# 28. CANCELLATION AND TERMINATION
Either party may request cancellation or termination of a project subject to the applicable project agreement, quotation, payment terms and applicable law.
If a client cancels a project after work has commenced:
* Work already completed may remain payable.
* Approved or incurred third-party expenses may remain payable.
* Non-refundable amounts may remain non-refundable where lawfully agreed.
* Additional cancellation charges may apply where specified in the applicable agreement.
Nitaliya Creatives may suspend or terminate services where there is:
* Non-payment.
* Fraud.
* Abuse.
* Unauthorized access.
* Illegal activity.
* Repeated violation of these Terms.
* Misuse of our systems.
* Conduct that creates a material risk to Nitaliya Creatives, its staff, clients or systems.
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# 29. REFUNDS
Refund eligibility will depend on:
* The type of service.
* The project stage.
* Work already completed.
* Expenses already incurred.
* The applicable quotation or agreement.
* Any applicable refund or cancellation policy.
* Applicable law.
Unless otherwise stated in writing, payment for completed or delivered work is generally not refundable to the extent permitted by applicable law.
Nothing in these Terms is intended to exclude any refund or consumer protection right that cannot legally be excluded.
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# 30. WEBSITE AVAILABILITY
Nitaliya Creatives aims to keep its website and client portal available, but does not guarantee uninterrupted access.
The website may occasionally be unavailable because of:
* Maintenance.
* Updates.
* Technical problems.
* Hosting issues.
* Internet failures.
* Security incidents.
* Third-party outages.
* Other circumstances beyond our reasonable control.
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# 31. DATA AND PRIVACY
Your use of the website and services may involve the collection and processing of personal information.
Such processing is governed by our Privacy Policy.
By using our website, you acknowledge that you should review our Privacy Policy before submitting personal information.
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# 32. SECURITY
You must not attempt to:
* Hack the website.
* Circumvent authentication.
* Bypass OTP verification.
* Access restricted areas.
* Access another user's account.
* Introduce malware.
* Conduct denial-of-service attacks.
* Interfere with website security.
* Exploit security vulnerabilities for unauthorized purposes.
Any suspected security vulnerability should be reported responsibly through the official contact email.
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# 33. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the website and services are provided without guarantees that they will always be:
* Available.
* Error-free.
* Uninterrupted.
* Completely secure.
* Compatible with every device.
* Free from technical defects.
Nitaliya Creatives does not guarantee that the website or services will satisfy every individual requirement unless expressly agreed in writing.
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# 34. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Nitaliya Creatives, its owners, directors, employees, representatives, contractors, affiliates and service providers shall not be liable for indirect, incidental, special, consequential, exemplary or unforeseeable losses or damages arising from:
* Website downtime.
* Technical failures.
* Internet failures.
* Third-party platform failures.
* Hosting failures.
* Payment gateway failures.
* OTP delivery failures.
* Cyberattacks.
* Malware.
* Unauthorized access caused by circumstances beyond our reasonable control.
* Loss of data caused by circumstances beyond our reasonable control.
* Client-provided information.
* Client-provided content.
* Third-party services.
* Changes to social media or advertising platforms.
* Business decisions made by the client based on our services.
* Events beyond our reasonable control.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
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# 35. INDEMNIFICATION
To the maximum extent permitted by applicable law, if a client's unlawful actions, unauthorized content, infringement, misuse of the website, violation of these Terms or violation of a third party's rights results in a claim, loss, liability, cost or expense against Nitaliya Creatives, the client may be responsible for such consequences to the extent legally attributable to the client's actions or omissions.
This provision does not apply to the extent that the relevant loss was caused by Nitaliya Creatives' own unlawful conduct or liability that cannot legally be transferred to the client.
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# 36. FORCE MAJEURE
Nitaliya Creatives shall not be responsible for delays or failure to perform caused by circumstances beyond its reasonable control, including:
* Natural disasters.
* Fire.
* Flood.
* Power failure.
* Internet outage.
* Telecommunications failure.
* Cyberattacks.
* Government restrictions.
* Changes in law.
* Third-party infrastructure failures.
* Cloud service outages.
* Strikes.
* Civil disturbances.
* Serious technical failures.
* Other extraordinary circumstances.
Nitaliya Creatives will make reasonable efforts to resume affected services when reasonably practicable.
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# 37. CHANGES TO SERVICES
Nitaliya Creatives reserves the right to modify, update, add, suspend or discontinue website features or services.
Where reasonably necessary, we may update technology, design, functionality, processes or service offerings.
Changes to an already-confirmed project will be handled according to the applicable project agreement.
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# 38. CHANGES TO THESE TERMS
Nitaliya Creatives may update these Terms from time to time.
The updated version will be published on this page with a revised “Last Updated” date.
Continued use of the website after an updated version becomes effective may constitute acceptance of the updated Terms to the extent permitted by applicable law.
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# 39. SUSPENSION OR TERMINATION OF ACCOUNT
Nitaliya Creatives may suspend or terminate a user's access to the website or Client Dashboard where reasonably necessary due to:
* Violation of these Terms.
* Fraud.
* Abuse.
* Unauthorized access.
* Security threats.
* Non-payment.
* Illegal activity.
* Misuse of services.
* Conduct that may harm Nitaliya Creatives or others.
Where appropriate and reasonably practicable, we may provide notice before suspension or termination.
Termination does not automatically remove obligations that arose before termination.
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# 40. GOVERNING LAW
These Terms shall be governed and interpreted in accordance with the applicable laws of India.
Any dispute relating to these Terms, the website or services shall be subject to the applicable laws and jurisdiction governing Nitaliya Creatives, subject to applicable law.
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# 41. DISPUTE RESOLUTION
If a dispute arises between Nitaliya Creatives and a client, both parties should first attempt to resolve the matter through good-faith communication.
If the dispute cannot be resolved informally, the parties may pursue any remedies available under applicable law.
Nothing in these Terms prevents a party from exercising rights or remedies that cannot legally be waived.
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# 42. SEVERABILITY
If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be limited or removed only to the extent necessary.
The remaining provisions shall continue to remain effective to the maximum extent permitted by applicable law.
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# 43. NO WAIVER
Failure by Nitaliya Creatives to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future.
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# 44. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, applicable quotations, proposals, invoices, project agreements, service agreements, NDAs and other written agreements between Nitaliya Creatives and the client, may collectively govern the relevant relationship.
Where a specific written project agreement contains terms that expressly conflict with these general Terms, the specific written agreement may govern that particular project matter, subject to applicable law.
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# 45. CONTACT
For questions, concerns, legal notices or communications relating to these Terms & Conditions, please contact Nitaliya Creatives only through:
**Email:** [YOUR OFFICIAL EMAIL ADDRESS]
For security and record-keeping purposes, Nitaliya Creatives may require reasonable verification of the identity or authority of a person submitting a request.
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# 46. FINAL ACKNOWLEDGEMENT
By accessing or using the Nitaliya Creatives website, creating an account, logging in, requesting services, purchasing services, accessing the Client Dashboard or otherwise interacting with Nitaliya Creatives, you acknowledge that you have read, understood and agreed to these Terms & Conditions.
If you do not agree to these Terms, you should discontinue use of the website and services.
**Nitaliya Creatives reserves all rights not expressly granted herein, subject to applicable law.**
**Last Updated: 4 September 2026**