SparkHub Terms and Conditions
This document sets out the terms governing access to the SparkHub website and the conditions that apply when clients request, approve or purchase SparkHub digital services. Please read these Terms carefully, as they define the rights, responsibilities and obligations of both SparkHub and its clients.
1. Introduction
These Terms and Conditions govern access to and use of the SparkHub website and the purchase, approval, delivery and use of services supplied by SparkHub. They are intended to establish a clear and reasonable commercial framework between SparkHub and every visitor, user, prospective customer and client.
By accessing this website, submitting an enquiry, requesting a quotation, approving a proposal, making an advance or milestone payment, providing written confirmation, or instructing SparkHub to commence work, you acknowledge that you have read, understood and accepted these Terms.
A project may also be governed by a proposal, quotation, invoice, work order, statement of work, email confirmation, maintenance plan, non-disclosure agreement or separately signed service agreement. Those documents form part of the commercial arrangement between the parties.
Where a signed project-specific agreement expressly conflicts with these website Terms, the signed agreement will take priority for the affected project-specific matter. These Terms will continue to apply to matters not expressly addressed in that agreement.
If you do not agree to these Terms, you must not use the website, approve a proposal, make a payment or instruct SparkHub to provide services.
2. About SparkHub
SparkHub is a digital agency operating from Jamshedpur, Jharkhand, India. We provide professional digital services to startups, local businesses, small and medium-sized enterprises, e-commerce brands, professionals and other organisations.
Our services may include website design, website development, e-commerce development, custom website solutions, website redesign, website maintenance, website speed optimisation, search-engine optimisation, local SEO, technical SEO, digital marketing, Google Ads, Meta Ads, social-media marketing, content writing, copywriting, branding, logo design, graphic design, domain consultation and hosting consultation.
Services may be delivered in person, remotely or through a combination of communication channels. We may work with clients located in Jamshedpur, elsewhere in India or internationally, subject to project suitability, applicable laws, payment arrangements and any additional contractual requirements.
General enquiries may be submitted through our website or by using the contact details listed in Section 38 of these Terms.
3. Definitions
In these Terms, the following expressions have the meanings set out below unless the context requires otherwise.
- “SparkHub”, “Company”, “we”, “us” or “our” means SparkHub, a digital agency operating from Jamshedpur, Jharkhand, India.
- “Client”, “you” or “your” means the individual, business, organisation or authorised representative requesting, approving or purchasing Services from us.
- “User” or “Visitor” means any person accessing or using the Website.
- “Website” means the SparkHub website and its related pages, forms, content and digital interfaces.
- “Services” means the digital, creative, consulting, technical, marketing or related services provided by SparkHub.
- “Project” means a defined engagement, assignment, campaign, website, design, maintenance activity or other work undertaken for a Client.
- “Proposal” or “Quotation” means a document or written communication describing the proposed scope, price, assumptions, timeline, exclusions or commercial terms.
- “Deliverables” means the agreed outputs created or supplied as part of a Project.
- “Content” means text, images, video, audio, logos, designs, product information, data, documents, trademarks and other materials.
- “Third Party” means any person, company, platform, supplier, software provider, registrar, hosting provider or service provider that is independent of SparkHub.
- “Intellectual Property” means copyrights, trademarks, design rights, software rights, database rights, trade secrets, know-how and other proprietary rights.
- “Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood to be confidential.
- “Business Day” means a day other than Sunday, a public holiday or a day on which normal business operations are unavailable in Jharkhand, India.
4. Acceptance of Terms
These Terms may be accepted through website use or through conduct demonstrating agreement. Acceptance may occur when a Client:
- submits an enquiry or project request;
- approves a quotation or proposal;
- makes an advance, milestone or full payment;
- confirms approval by email, WhatsApp or another written channel;
- provides project materials, credentials or instructions;
- requests commencement of work; or
- uses or publishes Deliverables supplied by us.
A person acting for a business or organisation represents that they have sufficient authority to accept these Terms, approve work, instruct us and commit the represented entity to payment and other obligations.
Project-specific contracts may contain additional or different terms. Where a signed agreement expressly addresses a matter, that agreement will govern the particular Project to the extent of any inconsistency.
5. Eligibility and Authority
You must be at least eighteen years old and legally capable of entering into a binding agreement to purchase Services from us.
Where you act for a company, partnership, institution, trust, association or other entity, you confirm that you are authorised to:
- provide instructions on behalf of that entity;
- approve proposals and Deliverables;
- provide access to accounts and systems;
- authorise payments; and
- accept legal and commercial obligations.
You must provide complete, accurate and current information. We may rely on instructions received from the designated contact person, authorised email address, approved telephone number or project communication channel.
The Client is responsible for promptly notifying us if an authorised representative leaves the organisation, loses authority or should no longer issue instructions. We will not be responsible for acting on apparently valid instructions received before such notice.
6. Scope of Services
The exact scope of every Project is determined by the approved Proposal, Quotation, statement of work, written confirmation or separate agreement. General descriptions on the Website do not by themselves create an obligation to provide every feature, deliverable or service mentioned.
6.1 Included work
Included work is limited to the pages, features, integrations, campaigns, revisions, deliverables, support periods and tasks expressly identified in the approved scope.
6.2 Additional work
Requests outside the approved scope may be treated as additional work. Additional work may require:
- a revised quotation;
- an additional payment;
- a revised timeline;
- additional technical investigation; or
- a separate Project.
6.3 Separate services and expenses
Unless expressly included, the following are separate from our service fees:
- domain registration and renewal charges;
- web hosting and email hosting charges;
- premium themes, plugins, fonts, APIs or software licences;
- stock photographs, videos, illustrations or music;
- payment-gateway charges;
- advertising budgets and platform charges;
- professional photography or video production;
- legal drafting, accounting or regulatory advice;
- ongoing maintenance and support;
- content creation not expressly included; and
- backend systems, databases, authentication or advanced application development not expressly stated.
Estimates and target dates are based on the information available when they are issued. They are not guarantees unless expressly described as fixed and guaranteed in writing.
7. Quotations and Proposals
A Quotation or Proposal will normally state its period of validity. Where no period is stated, it may be treated as valid for fifteen calendar days from the issue date unless withdrawn or revised earlier.
Quotations are based on the requirements, assumptions, information and materials provided by the Client. Where those assumptions are incomplete or materially inaccurate, we may revise the price, scope or timeline.
Prices exclude taxes, government charges, licence costs, advertising spend, travel, courier charges and Third-Party fees unless expressly stated otherwise.
Any change in functionality, page count, content volume, language, integration, platform, branding direction or technical requirement may require a revised Quotation.
Proposals, pricing structures, solution concepts and scope documents may contain confidential or proprietary information. They must not be copied, circulated to competitors or used to obtain equivalent work from another provider without permission.
We may correct genuine clerical, calculation or typographical errors. We may also withdraw a Quotation before acceptance where resources are unavailable, requirements change materially or the proposed work is no longer suitable.
8. Project Commencement
A Project will generally commence only after:
- the scope has been approved in writing;
- the required advance payment has been received;
- essential content and project information have been provided;
- required credentials and access permissions are available; and
- the Project has been scheduled into our active workload.
Proposed commencement dates are tentative until the above requirements are satisfied. Delayed payment, missing content, incomplete requirements or unavailable access may cause the Project to be rescheduled.
Advance payments allow us to reserve time, allocate resources and begin planning. The Client acknowledges that commencement may involve research, wireframing, design preparation, technical setup, content review and other work that may not immediately appear as a final visual deliverable.
9. Client Responsibilities
Successful Project delivery depends on active Client cooperation. The Client must:
- provide accurate and sufficiently detailed requirements;
- supply text, images, logos, product information and brand assets;
- ensure that supplied materials may lawfully be used;
- provide feedback, approvals and decisions within agreed periods;
- appoint one authorised point of contact where practical;
- provide secure and valid access credentials when required;
- review Deliverables carefully before approval or publication;
- verify spelling, pricing, contact details and factual claims;
- maintain suitable backups of existing websites and data;
- protect passwords, accounts and administrative access;
- ensure that its business and online activities comply with law;
- obtain any licences, registrations, permissions or disclosures required for its operations; and
- approve all final Content before the website, advertisement or campaign is published.
We are not responsible for delay, error or additional cost caused by incomplete instructions, conflicting feedback, multiple unauthorised decision-makers or inaccurate Client information.
10. Content and Materials Supplied by Clients
The Client retains ownership of original Content supplied by the Client. By supplying Content to us, the Client grants us a limited permission to store, copy, adapt, format and use that Content as reasonably necessary to perform the Services.
The Client represents that it owns, licenses or has permission to use all supplied Content, including:
- photographs and videos;
- logos, brand names and trademarks;
- written text and product descriptions;
- customer data and testimonials;
- music, illustrations and graphics;
- documents, reports and downloadable files; and
- third-party designs or source materials.
The Client is responsible for the legality, accuracy, completeness and appropriateness of supplied Content. We may refuse, remove or suspend work involving Content that appears illegal, fraudulent, harmful, misleading, infringing or contrary to these Terms.
We do not accept responsibility for copyright, trademark, privacy, defamation or other claims arising from Client-supplied materials. Subject to applicable law, the Client agrees to protect and indemnify us against claims caused by such materials.
11. Project Timelines and Delays
Project timelines are reasonable estimates based on the approved scope, expected feedback time, Client cooperation and availability of Third-Party services. A timeline is not guaranteed unless we expressly confirm a fixed deadline in writing.
Delays may arise from:
- late payment;
- missing Content or credentials;
- delayed feedback or approval;
- changes in scope;
- conflicting Client instructions;
- technical complications;
- Third-Party platform or provider delays;
- search-engine or advertising-platform review periods;
- security incidents; or
- events outside reasonable control.
Where a Client delay affects the schedule, the completion date will be extended by a reasonable period and may be moved according to resource availability.
A Project that remains inactive may be paused. Reactivation may require rescheduling, review of the existing work and payment of an additional reactivation charge.
12. Revisions and Change Requests
A revision is a reasonable adjustment to work already produced within the approved scope and design direction. The number of included revision rounds, where applicable, will be stated in the Proposal or Quotation.
The following may be treated as additional work rather than a revision:
- requesting a new design direction after approval;
- adding pages, products, languages or features;
- changing the technology or platform;
- replacing approved Content in substantial volume;
- adding integrations or automation;
- rebuilding approved work;
- changing the target audience or business model; or
- requesting revisions beyond the included rounds.
Change requests should be provided in writing and, where practical, consolidated into one clear response. We may issue an additional Quotation and revised timeline before implementing out-of-scope changes.
13. Fees, Payments and Taxes
Payment arrangements may include an advance payment, milestone payments, recurring payments, a final payment or another structure stated in the Proposal or invoice.
13.1 Advance payment
An advance payment is normally required before work begins. It reserves resources and covers initial planning, research, setup and production activity.
13.2 Milestone and final payments
Milestone payments must be paid when the relevant stage is reached. Final Deliverables, transfer files, source files, credentials, publication or ownership rights may be withheld until all amounts due have been received.
13.3 Payment deadlines
Invoices must be paid by the stated due date. Where no due date is stated, payment is due within seven calendar days of the invoice.
13.4 Taxes and charges
GST and other applicable taxes may be charged where legally required. The Client is responsible for payment-gateway charges, bank charges, foreign-exchange costs and intermediary fees unless agreed otherwise.
13.5 Currency
Prices are normally stated in Indian rupees unless another currency is expressly specified.
13.6 Late or unpaid amounts
We may pause work, withhold Deliverables, disable managed services or refuse further instructions where payment is overdue. Any rescheduling caused by non-payment may affect the delivery date.
No final transfer of intellectual-property rights will occur until all amounts relating to the Deliverables have been paid in full.
14. Refunds and Cancellations
Because our Services commonly involve custom planning, reserved resources and work performed specifically for a Client, payments are not automatically refundable.
Once work has commenced, an advance payment may become wholly or partly non-refundable to account for:
- time already spent;
- research and planning;
- design or development completed;
- resources reserved;
- administrative costs;
- Third-Party purchases; and
- opportunities declined in reliance on the booking.
Domain registrations, hosting charges, software licences, premium assets, advertising spend, payment-gateway fees and other Third-Party costs are generally non-refundable once purchased or committed.
A Client wishing to cancel must provide written notice. We may prepare a cancellation statement showing work completed, payments received, Third-Party costs and any balance due.
Where a separate Refund and Cancellation Policy applies, that policy should be read together with these Terms. A signed project-specific agreement will take priority where it expressly addresses cancellation or refunds.
15. Project Suspension and Abandonment
We may suspend a Project where:
- payment is overdue;
- required Content or access is not provided;
- feedback remains outstanding for an unreasonable period;
- the Client requests unlawful or unethical work;
- the Client or its representatives behave abusively;
- continuing the Project creates a security risk;
- the Client breaches these Terms; or
- Third-Party restrictions prevent lawful delivery.
A Project may be treated as abandoned where the Client remains unresponsive for sixty consecutive days after a written follow-up, unless a different period is stated in the Proposal.
Reactivation may require:
- payment of outstanding invoices;
- a reactivation fee;
- a new schedule;
- review of outdated technical work; and
- renewal of expired Third-Party services.
We are not required to retain inactive Project files indefinitely. Files may be archived or deleted after a reasonable retention period, subject to applicable law and any agreed backup arrangement.
16. Website Design and Development Terms
16.1 Responsive design
Websites are designed to adapt to commonly used screen sizes. Appearance may vary between devices because of screen dimensions, operating systems, browser engines, user settings and content length.
16.2 Browser compatibility
We test against reasonably current versions of major browsers where appropriate. Exact rendering cannot be guaranteed in obsolete, unsupported, experimental or highly customised browsers.
16.3 Third-Party scripts and integrations
Plugins, payment services, APIs, widgets, maps, analytics scripts, advertising pixels and other Third-Party integrations may change, fail, become unavailable or require additional fees. Such changes may require separately chargeable work.
16.4 Search-engine appearance
Search engines independently control crawling, indexing, rankings, snippets and display. Website development does not guarantee indexing, ranking or a particular search-result appearance.
16.5 Content-management responsibility
Where a Client receives access to edit a website, the Client is responsible for changes made through that access. Damage caused by unauthorised editing, incompatible uploads, plugin installation or third-party modifications may require additional repair charges.
16.6 Source code and editable files
Source-code delivery, editable design files and development assets are supplied only where included in the approved scope. Internal utilities, reusable components, licensed assets and development tools are excluded unless expressly agreed.
16.7 Testing and acceptance
The Client must test the website, forms, links, pricing, contact details, product information and key workflows before launch. Approval, publication or continued use may be treated as acceptance, subject to any agreed defect-correction period.
16.8 Post-launch changes
Changes requested after approval or launch may be chargeable unless they correct a confirmed defect that is within the original scope and reported during an agreed support period.
17. Domain and Hosting Services
SparkHub may provide domain and hosting consultation, registration assistance, configuration support or migration assistance. Unless expressly stated, we do not operate the independent registrar or data-centre infrastructure used by the Client.
17.1 Registration ownership
Wherever practical, a domain should be registered using the Client’s correct legal or business details, with the Client identified as registrant or account owner. The Client must provide accurate contact and verification information.
17.2 Activation and verification
Registration, hosting activation and verification times depend on the provider, payment confirmation, technical availability and identity-verification requirements. We cannot guarantee immediate activation.
17.3 Renewals and expiry
The Client is responsible for renewal fees and renewal deadlines unless an active written management arrangement states otherwise. Failure to renew may result in suspension, deletion, loss of email, redemption charges or permanent loss of the domain.
17.4 Hosting availability
Hosting uptime, storage, bandwidth, email limits, backups, server resources and acceptable-use rules are controlled by the hosting provider. The provider’s own terms and fair-use policies apply.
17.5 Provider failures
We are not responsible for registrar outages, data-centre failures, account suspension by a provider, provider security incidents, network failures or service discontinuation outside our reasonable control.
17.6 Migration and backups
Website or email migration may be limited by access, platform compatibility, data volume, provider restrictions and condition of the original system. The Client should maintain independent current backups before migration or major technical changes.
18. SEO Services
Search-engine optimisation is influenced by search-engine algorithms, competitors, website history, content quality, technical condition, user behaviour, location, industry demand and many factors outside our control.
We do not guarantee:
- a first-page position;
- a specific keyword ranking;
- permanent rankings;
- a particular number of visitors;
- a specified number of enquiries or sales;
- inclusion in AI-generated summaries; or
- a particular level of revenue or return on investment.
Rankings and traffic may increase, decrease or fluctuate. Search engines may update algorithms, change indexing practices or apply manual or automated actions without notice.
The Client must provide cooperation, accurate business information, suitable website access, content approvals and any documentation required for local listings.
Existing penalties, poor hosting, weak Content, technical debt, duplicate pages, previous manipulative SEO or restricted platform access may affect results.
We follow reasonable ethical SEO practices and may refuse requests involving hidden text, doorway pages, automated spam, fake reviews, deceptive redirects, link schemes or other manipulative methods.
19. Digital Marketing and Advertising
Advertising budgets paid to Google, Meta or other platforms are separate from our management or creative fees unless expressly stated otherwise.
Advertising platforms independently control:
- account approval and verification;
- advertisement approval or rejection;
- audience availability;
- auction pricing;
- delivery and reach;
- account restrictions or suspension;
- reporting and attribution; and
- platform policies.
We do not guarantee a specific number of impressions, clicks, enquiries, leads, conversions, sales or revenue.
The Client must approve advertisements, offers, pricing, claims, landing pages, audience targeting and creative material before publication. The Client remains responsible for ensuring that all advertised claims and business practices are accurate and lawful.
Campaign performance may fluctuate because of competition, seasonality, market demand, budget, creative fatigue, tracking limitations, website performance, platform changes and audience behaviour.
20. Third-Party Tools and Services
Projects may rely on Third-Party tools and services, including:
- domain registrars and hosting providers;
- Google products and services;
- Meta platforms;
- analytics and tracking systems;
- payment gateways;
- plugins, themes, fonts and software libraries;
- application programming interfaces;
- stock-image and media libraries;
- email and newsletter platforms;
- cloud storage and content-delivery networks; and
- social-media or marketplace platforms.
Third Parties maintain their own terms, privacy policies, security practices, prices and service limits. The Client may need to create an account, accept separate terms or purchase a separate licence.
Third-Party pricing, features and availability may change without our control. A service may be discontinued, restricted, suspended or made incompatible with a Project.
We are not responsible for independent Third-Party failures, outages, data loss, policy changes, security incidents or account decisions. Work required to replace or reconfigure a discontinued or changed service may be separately chargeable.
21. Intellectual Property Rights
21.1 Client Content
The Client retains ownership of original Content and brand assets supplied by the Client.
21.2 Final Deliverables
Rights in final custom Deliverables may transfer to the Client after full payment, subject to the Proposal, Third-Party licences and the exclusions in this section.
21.3 SparkHub materials
We retain ownership of pre-existing and reusable materials, including:
- code libraries and utilities;
- frameworks and development methods;
- component systems;
- internal templates;
- workflows and processes;
- research methods;
- know-how; and
- tools created independently of the Client’s unique Project.
Where such material is embedded in a Deliverable, the Client receives a reasonable licence to use it as part of that Deliverable, but not to extract, resell or redistribute it as a standalone product unless agreed in writing.
21.4 Third-Party assets
Fonts, plugins, themes, stock assets, APIs and other Third-Party materials remain governed by their respective licences. Ownership cannot be transferred beyond the rights permitted by those licences.
21.5 Editable and source files
Editable design files, raw working files and source files are included only where expressly stated. Internal drafts, rejected concepts and development tooling remain our property.
21.6 Unauthorised resale
A Client must not resell, sublicense or redistribute a Deliverable as a template, theme, stock asset, software library or competing service unless expressly authorised.
22. Portfolio and Promotional Use
Unless confidentiality has been agreed in writing before or during the Project, we may display completed public-facing work in our portfolio, website, presentations, case studies, social-media channels and marketing materials.
Portfolio use may include:
- screenshots of completed pages;
- a link to the public website;
- the Client’s business or brand name;
- a short description of the Project;
- general information about the services delivered; and
- non-confidential performance information approved for use.
A Client requiring confidentiality should notify us before work begins so that the requirement can be assessed and documented.
Reasonable removal requests may be considered, particularly where the Project has become confidential, the business has changed ownership or the display creates a genuine legal concern.
23. Confidentiality
Each party must use the other party’s Confidential Information only for the purposes of evaluating, managing or performing the Project.
Reasonable steps will be taken to protect Confidential Information from unauthorised disclosure. Access may be provided to employees, contractors or professional advisers who reasonably need the information and are subject to appropriate confidentiality duties.
Confidential Information does not include information that:
- is publicly available without breach of duty;
- was lawfully known before disclosure;
- is received lawfully from an independent Third Party;
- is independently developed without using confidential material;
- is approved for release in writing; or
- must be disclosed by law or a competent authority.
Where disclosure is legally required, the receiving party may disclose only what is reasonably required and, where lawful, provide prior notice.
Confidentiality obligations continue for a reasonable period after the Project ends. A separately signed non-disclosure agreement will take priority where it expressly addresses confidentiality.
24. Data Protection and Privacy
Our collection and use of personal information relating to Website visitors, enquiries and clients is described in the SparkHub Privacy Policy .
We may process contact information, Project information, communications, credentials and access details where reasonably required to respond to enquiries, deliver Services, maintain records, provide support or meet legal obligations.
Clients must avoid sending unnecessary passwords or sensitive information through insecure channels. Credentials provided for a Project should be changed after completion where appropriate.
The Client is independently responsible for personal information collected through the Client’s own website, forms, analytics, e-commerce systems, advertising tools and customer databases.
The Client must determine whether its website requires a privacy policy, cookie notice, consent mechanism, terms of sale, refund policy, data-processing agreement or other legal documentation.
Third-Party platforms may process information under their own terms and privacy policies. The Client is responsible for assessing those services for its own legal and operational requirements.
25. Website Acceptable Use
Users and Clients must not:
- use the Website or Services in violation of law;
- attempt unauthorised access to systems or accounts;
- upload malware, viruses or harmful code;
- interfere with Website availability or security;
- copy, republish or exploit Website Content unlawfully;
- scrape or harvest data without permission;
- impersonate another person or organisation;
- submit false, fraudulent or misleading enquiries;
- send spam or unsolicited bulk communication;
- test or exploit security vulnerabilities without permission;
- use Deliverables for unlawful purposes; or
- encourage another person to perform prohibited activity.
We may restrict access, reject enquiries or terminate Services where acceptable-use requirements are breached.
26. Prohibited Projects and Content
We may refuse, suspend or terminate work involving:
- illegal goods, services or activities;
- malware, phishing, hacking or credential theft;
- fraudulent investment or deceptive commercial schemes;
- hate speech, violent exploitation or unlawful discrimination;
- child exploitation or abusive sexual Content;
- pirated software or copyright infringement;
- counterfeit products or trademark abuse;
- unauthorised surveillance or spyware;
- dangerous or unlawfully regulated products;
- fake reviews, fake identities or misleading endorsements;
- spam services or unauthorised bulk messaging;
- unlawful financial, medical or legal claims;
- Content violating privacy or publicity rights; or
- activity that creates an unreasonable security, reputational or legal risk.
Refusal or termination under this section does not automatically create a right to a refund, particularly where work has already been performed or Third-Party expenses have been incurred.
27. Warranties and Disclaimers
We will perform Services with reasonable professional care and skill, having regard to the approved scope and information supplied by the Client.
Except where expressly agreed or required by law:
- the Website and Services are provided on an “as available” basis;
- continuous or uninterrupted Website availability is not guaranteed;
- absolute security cannot be guaranteed;
- Third-Party services may fail or change;
- business success is not guaranteed;
- SEO rankings, traffic, leads and revenue are not guaranteed;
- advertising approvals and results are not guaranteed; and
- the Client remains responsible for business, legal and commercial decisions.
Advice relating to digital strategy, technology, marketing or user experience is not legal, tax, financial, accounting or regulatory advice.
28. Limitation of Liability
To the maximum extent permitted by applicable law, SparkHub will not be liable for indirect, incidental, special, punitive or consequential loss arising from the Website, Services, Deliverables or a Project.
This may include:
- loss of profit or revenue;
- loss of business opportunity;
- loss of anticipated savings;
- loss of reputation or goodwill;
- loss, corruption or unavailability of data;
- loss caused by Third-Party services;
- loss caused by Client misuse or modification;
- loss caused by delayed Content, approval or payment; and
- loss resulting from search-engine or advertising-platform decisions.
Subject to applicable law, our total aggregate liability arising from a particular Project will not exceed the amount actually paid to us for the specific Service giving rise to the claim during the six months immediately preceding the event.
This limitation does not exclude liability that cannot lawfully be excluded or restricted, including liability arising from fraud, wilful misconduct or any other matter protected by mandatory law.
29. Indemnification
Subject to applicable law, the Client agrees to indemnify and hold SparkHub harmless from reasonable claims, liabilities, losses, penalties, damages and costs arising from:
- Client-supplied Content;
- the Client’s unlawful business activity;
- copyright or trademark infringement caused by Client materials;
- false, misleading or unsupported claims;
- misuse or unauthorised modification of Deliverables;
- failure to comply with privacy, consumer or advertising law;
- breach of these Terms; or
- instructions provided without proper authority.
We will notify the Client of a relevant claim within a reasonable time and provide reasonable cooperation, subject to reimbursement of external costs where appropriate.
30. Force Majeure
Neither party will be responsible for delay or failure caused by an event beyond its reasonable control, including:
- natural disasters;
- flood, fire or severe weather;
- war, terrorism or civil unrest;
- government restrictions or legal changes;
- epidemics, pandemics or public-health emergencies;
- power, telecommunications or internet failures;
- cyberattacks or widespread security incidents;
- labour disruption;
- failure of critical Third-Party infrastructure; or
- any comparable event outside reasonable control.
The affected party should notify the other where reasonably possible and take practical steps to reduce the effect of the event. Delivery dates may be extended for a reasonable period.
31. Termination
A Client may terminate a Project by giving written notice, subject to payment for work completed, resources committed, Third-Party expenses and any cancellation terms.
We may terminate or refuse to continue a Project where:
- the Client materially breaches these Terms;
- payment remains overdue;
- the requested activity is unlawful or unethical;
- the Client behaves abusively or threatens staff or contractors;
- security or reputational risk becomes unreasonable;
- essential cooperation is repeatedly withheld; or
- continued performance becomes legally or technically impractical.
On termination:
- outstanding payments become due;
- Third-Party costs remain payable;
- access to managed systems may be revoked;
- completed paid work may be handed over where practicable;
- confidential materials should be returned or deleted where appropriate; and
- clauses intended to survive termination will remain effective.
32. Dispute Resolution
The parties should first attempt to resolve any dispute through good-faith communication.
A party raising a dispute should provide written notice describing:
- the nature of the dispute;
- the relevant Project or invoice;
- the events giving rise to the concern;
- supporting information; and
- the proposed resolution.
The receiving party should be given a reasonable opportunity to investigate and respond. Where mutually agreed, the parties may attempt mediation before beginning formal proceedings.
Nothing in this section prevents either party from seeking urgent injunctive relief, recovering undisputed payment or exercising any legal remedy available under applicable law.
33. Governing Law and Jurisdiction
These Terms are governed by the laws of India.
Subject to any mandatory law and any agreed dispute-resolution procedure, disputes will be subject to the jurisdiction of courts of competent authority in Jamshedpur, Jharkhand, India.
Nothing in these Terms limits any non-excludable right or remedy available under applicable Indian law.
34. Changes to These Terms
We may revise these Terms to reflect changes in our Services, technology, business practices, legal requirements or commercial arrangements.
Updated Terms will be published on the Website with a revised “Last updated” date. Continued use of the Website after publication indicates acceptance of the updated website-use conditions.
Where a material change affects an active Project, we may provide additional notice where appropriate. A signed Project agreement will continue to govern that Project unless amended in accordance with its own terms.
35. Severability
If any provision of these Terms is held to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect.
The affected provision should, where legally possible, be modified to the minimum extent necessary to make it valid and enforceable while preserving its original commercial purpose.
36. Waiver
A failure or delay in exercising a right under these Terms does not permanently waive that right.
A waiver of a particular breach does not waive a later or different breach. Any formal waiver should be recorded in writing by an authorised representative where applicable.
37. Entire Agreement
These Terms, together with any applicable Proposal, Quotation, invoice, work order, statement of work, policy and signed agreement, form the complete agreement relating to the relevant Services.
Project-specific documents define the particular scope, price, timeline and Deliverables. A signed agreement takes priority where it expressly conflicts with these Terms.
The applicable documents supersede prior discussions, representations and informal communications relating to the same Project scope, except where a representation cannot legally be excluded.
38. Contact Information
Questions, contractual notices, legal enquiries and requests for clarification regarding these Terms should be submitted using the details below.
SparkHub
Jamshedpur, Jharkhand, India
Email: sparkhub360@gmail.com
Phone: +91 72776 34083
Business Hours:
Monday to Saturday, 10:00 AM to 7:00 PM IST
A legal or contractual notice should clearly identify the Client, relevant Project, invoice or Proposal and the nature of the request. Email is the preferred method for formal written communication.