Introduction
These Terms of Service ("Terms") govern your access to and use of the services provided by Brandmasters Media ("we," "our," or "us"), including our website, consulting engagements, retainer packages, deliverables, and any related materials. By engaging our services, subscribing to a monthly package, or accessing our website, you agree to be bound by these Terms.
Services
Scope of Engagement
Brandmasters Media provides specialized go-to-market (GTM) and growth consulting services including but not limited to go-to-market strategy, growth strategy, revenue optimization, funnel diagnostics, go-to-market planning, and organizational advisory. The specific scope, timeline, and deliverables for each engagement will be defined in a separate Statement of Work ("SOW") agreed upon by both parties prior to commencement.
Discovery Calls
Initial discovery calls are offered at no charge and do not constitute a binding agreement for services. No consulting relationship is established until a signed SOW is in place.
Deliverables
All deliverables, timelines, and milestones will be outlined in the applicable SOW. We will use commercially reasonable efforts to meet agreed-upon timelines, though dates are estimates and not guarantees unless explicitly stated otherwise.
Engagement Terms
Our ongoing standard services operate on a monthly recurring retainer model. These are mapped directly to our core offerings:
Pipeline Engine
Focused on building predictable pipeline infrastructure, outbound systems, and performance dashboards.
Growth Accelerator
A full-stack growth program expanding into paid social, intent mapping, remarketing, and brand messaging.
Influence OS
Our flagship executive digital presence, thought leadership content system, and owned media architecture.
All standard retainer engagements carry a minimum initial commitment of three (3) months. The engagement begins on the date specified in the SOW and continues on a monthly basis until terminated in accordance with these Terms. After the initial commitment period, either party may terminate with 30 days written notice. Fees are billed monthly in advance. Early termination within the initial commitment period does not entitle the client to a refund of fees already paid.
Fees and Payment
Payment Terms
All fees are as stated in the applicable SOW. Unless otherwise agreed, invoices are due within 14 days of receipt. Late payments may incur a fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on any engagement with overdue payments exceeding 30 days. Applicable Goods and Services Tax (GST) will be charged in addition to the quoted fees, as required under the Goods and Services Tax Act, 2017 (India). GST invoices will be issued in accordance with applicable Indian tax regulations.
Expenses
Any travel, software, or third-party expenses required for the engagement will be pre-approved by the client in writing before being incurred. Approved expenses will be invoiced separately at cost.
Fee Adjustments
For ongoing engagements, we reserve the right to adjust fees with 60 days written notice. Adjusted fees will apply to the next billing cycle following the notice period.
Intellectual Property
Client Ownership
Upon full payment, the client owns all deliverables created specifically for their engagement, including strategies, roadmaps, reports, and recommendations outlined in the SOW.
Brandmasters Media Retained Rights
Brandmasters Media retains ownership of all pre-existing intellectual property, proprietary frameworks, methodologies, tools, and templates used in the delivery of services. The client receives a non-exclusive, non-transferable license to use these materials for their internal business purposes.
Portfolio and Case Studies
Unless otherwise agreed in writing, Brandmasters Media may reference the client relationship and general nature of work performed in marketing materials, portfolios, and case studies. We will not disclose confidential business information without prior written consent.
Confidentiality
Mutual Obligations
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This includes business strategies, financial data, customer information, internal processes, and any materials marked as confidential. These obligations survive the termination of the engagement for a period of two years.
Exceptions
Confidentiality obligations do not apply to information that is publicly available, independently developed, received from a third party without restriction, or required to be disclosed by law.
Warranties and Limitations
Service Warranty
We warrant that our services will be performed in a professional manner consistent with generally accepted industry standards. We do not guarantee specific business outcomes, revenue targets, or growth metrics. Consulting services are advisory in nature, and the implementation of recommendations is at the client's sole discretion and risk.
Limitation of Liability
To the maximum extent permitted by law, Brandmasters Media's total liability for any claims arising from or related to an engagement shall not exceed the total fees paid by the client for that specific engagement in the 12 months preceding the claim. In no event shall Brandmasters Media be liable for any indirect, incidental, consequential, or punitive damages.
Termination
Termination for Cause
Either party may terminate an engagement immediately upon written notice if the other party materially breaches these Terms or the applicable SOW and fails to cure such breach within 15 days of receiving written notice.
Effect of Termination
Upon termination, the client shall pay for all services rendered and expenses incurred through the date of termination. Brandmasters Media will deliver all completed and in-progress deliverables upon receipt of final payment. Sections relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination.
General Provisions
Independent Contractor
Brandmasters Media operates as an independent contractor. Nothing in these Terms creates an employment, partnership, or agency relationship between Brandmasters Media and the client.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, with jurisdiction in the courts of Mumbai, Maharashtra. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through mutual negotiation. If unresolved within 30 days, disputes shall be referred to arbitration in Mumbai under the Arbitration and Conciliation Act, 1996.
Amendments
We may update these Terms from time to time. Material changes will be communicated via email or through our website. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Contact
For questions about these Terms, please contact us at hello@brandmastersmedia.com.
