Last Updated: 08 June 2025
1. PREAMBLE AND PURPOSE
This Policy outlines the terms and procedures governing the delivery of digital services and creative works (“Deliverables”) by Madras Marketing (“Agency,” “we,” “us”) to our client (“Client,” “you”). As the Agency provides intangible digital services, this document serves as the equivalent of a “Shipping and Exchange Policy.”
“Delivery” or “Shipping” herein refers to the electronic transmission and handover of completed work. “Revisions” or “Exchange” herein refers to the process of client feedback, modification, and alteration of the services or Deliverables.
This Policy is incorporated by reference into our Master Services Agreement (MSA) and is designed to ensure a transparent, efficient, and mutually respectful workflow.
2. DEFINITIONS
- “Deliverable” means any specific output or work product to be created and provided by the Agency to the Client as specified in a Scope of Work (SOW), such as a strategic report, a graphic design, a developed website, or ad copy.
- “Delivery Channel” refers to the electronic method through which a Deliverable is transmitted to the Client, such as email, a link to cloud storage (e.g., Google Drive), or direct implementation on a Client-owned platform.
- “Acceptance” means the formal or deemed approval by the Client that a Deliverable meets the requirements outlined in the SOW.
- “Revision Round” means a consolidated set of feedback provided by the Client at a specific stage of the project.
- “Minor Revision” refers to an iterative change that does not deviate from the primary agreed-upon concept, design, or strategy. Examples include minor text edits, color adjustments, or element repositioning.
- “Major Revision” refers to a significant change that departs from the agreed-upon scope or concept, such as a request for a completely new design layout after a concept has been approved.
3. SECTION I: DELIVERY OF DIGITAL SERVICES (“SHIPPING”)
3.1. Delivery Method and Timelines All services and Deliverables will be delivered to the Client via a secure and mutually agreed-upon Delivery Channel. Project timelines and specific delivery dates for key milestones will be outlined in the applicable SOW. These timelines are good-faith estimates, and the Agency shall not be held liable for delays caused by the Client’s failure to provide timely feedback, content, or approvals.
3.2. Proof of Delivery A record of electronic transmission from the Agency’s systems (e.g., an email log showing a message was sent with an attachment or link) shall serve as conclusive proof of delivery of a Deliverable. It is the Client’s responsibility to ensure their systems can receive such transmissions.
3.3. Acceptance of Deliverables A Deliverable shall be considered accepted by the Client under any of the following conditions:
- Express Acceptance: The Client provides explicit written approval of the Deliverable (e.g., via email stating “approved”).
- Deemed Acceptance: The Client does not provide any written feedback or request for revisions within five (5) business days of the delivery of the Deliverable. This is to ensure projects proceed in a timely manner and do not stall indefinitely.
- Use in Production: The Client uses the Deliverable in a live environment or for any public or commercial purpose.
3.4. Storage and Archiving Upon delivery and Acceptance of the final Deliverables, it is the Client’s sole responsibility to download, save, and maintain a secure backup of all files. While the Agency may retain archival copies of project files for a period, it is not obligated to do so and shall not be liable for the loss of any files after the project has been completed and accepted.
4. SECTION II: REVISIONS AND MODIFICATIONS (“EXCHANGE”)
4.1. Scope of Included Revisions The fee for Project-Based Services, as detailed in the SOW, includes a specific number of Revision Rounds (e.g., “Two (2) rounds of Minor Revisions”). This structure is in place to encourage clear, consolidated feedback and to manage project scope effectively.
4.2. Revision Process To ensure efficiency, the Client agrees to provide all feedback for a given Revision Round in a single, consolidated document or email. Providing piecemeal or conflicting feedback may be counted as multiple revision rounds or may cause project delays.
4.3. Distinguishing Revisions from New Scope
- Revisions: Are iterative adjustments to the existing, agreed-upon creative direction or strategy.
- New Scope / Major Revisions: A request that fundamentally alters an approved concept or adds significant new functionality or deliverables is not considered a revision. Such requests will be treated as a “Change in Scope” and will require a formal Change Order, including an adjustment to the project timeline and fees, before work commences.
4.4. Charges for Additional Revisions Any revision requests submitted after the included Revision Rounds have been exhausted will be considered additional work. Such work will be billed at the Agency’s standard hourly rate, and an estimate will be provided to the Client for approval before the additional work begins.
4.5. Finality of Acceptance Once a Deliverable has been subject to Acceptance as defined in Section 3.3, the revision process for that Deliverable is considered complete. Any subsequent requests for changes will be treated as new work and will be quoted and billed separately.
4.6. Policy on Service “Exchange” The services outlined in an executed SOW are specific and non-exchangeable. A Client cannot “exchange” one agreed-upon service (e.g., performance marketing) for another (e.g., website development) mid-term. A significant change in service requirements necessitates the formal cancellation of the existing SOW (subject to the terms of the Cancellation and Refund Policy) and the drafting and execution of a new SOW for the new services. This ensures that all services are properly scoped, quoted, and resourced from the outset.