Last Updated on 9th December 2022. 

Impact4brands is a Digital Marketing brands owned by Shouvik Lahiri Interventions, having an office at Suite No. 303, M.A. Busines Center, 113, Park Street, Kolkata 700016, West Bengal, India. Shouvik Lahiri will execute this agreement on behalf of Impact4brands, referred to as “The Agency” hereafter.

While any person representing any company and engaging Impact4Brands for any services will be known as a client.

The Agency has substantial experience delivering high-caliber marketing strategies, websites, podcast management, and building platforms for clients in Personal Brands and Small businesses. Impact4brands has a team of Marketing Strategists, Content writers, Audio Editors, Video editors, Web Design pros & all-around Tech Geeks from many freelancers working on different projects.

As “The Agency” finds it impossible to let everyone remember their terms and conditions of services and sales every time, this page is created with that objective – anyone and everyone dealing with The Agency is deemed to know the content of this page every time they pay. The invoices will also have the link.

Invoices, Refunds, Money Back & Indemnity

Invoicing And Refunds :

The client pays to “The Agency” via invoices raised in favor of the clients on Paypal, Stripe or Razorpay. Under no circumstances any part of the payment of this invoice is refundable.

Money-back Guarantees :

As a practice, The Agency does not have any Money Back Guarantees. For circumstances, if any, The Agency will not pay back more than $100 to The Client as money back or indemnity.

 

Web Design Related Services

The following terms and conditions apply to all website development/design services The Agency to The Client provides.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by The Agency are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. The Agency reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is started as a non-refundable deposit. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to uploading to the server or release of materials.
Payment for services is made against invoice raised on Paypal, Stripe, Zoho or Razorpay.

Review by The Client

The Agency will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies The Agency otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
The Agency will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon The Agency receiving initial payment, unless a delay is specifically requested by the Client and agreed by The Agency.
In return, the Client agrees to delegate a single individual as a primary contact to aid The Agency with progressing the commission in a satisfactory and expedient manner.
During the project, The Agency will require the Client to provide website content; text, images, movies, and sound files
Failure to provide required website content:
The Agency i to remain efficient, must ensure that works programmed are carried out at the scheduled time. The Agency may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
If The Agency asks to provide any required information and The Client fails to do within two weeks of project commencement, The Agency reserves the right to close the project, and the balance remaining becomes payable immediately.

Additional Expenses

\The Client agrees to reimburse The Agency for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc.
Web Browsers
The Agency makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g., Firefox, Internet Explorer, Google Chrome, etc.). The Client agrees that The Agency cannot guarantee correct functionality with all browser software across different operating systems.
The Agency cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, The Agency reserves the right to quote for any work that changes the website design or code for it to work with updated browser software.

Considering Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default, maintains any information or files on The Agency Web space, The Agency will, at its discretion, remove all such material from its web space. The Agency is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay The Agency reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Agency in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice over email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All The Agency services may be used for lawful purposes only. You agree to indemnify and hold The Agency harmless from any claims resulting from your use of The Agency’s service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Agency the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting The Agency permission and rights for the use of the same and agrees to indemnify and hold harmless The Agency from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Granting the work for website design and shall be regarded as a guarantee by the Client to The Agency that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by The Agency to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Design Credit for The Agency

A link to The Agency will appear in either a small type or a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in The Agency portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, The Agency must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
The Agency cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications or deletions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Kolkata, West Bengal, India, regardless of the conflict of laws and principles thereof.

Liability

The Agency hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site.
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of The Agency to the Client in respect of any claim whatsoever or breach of this terms of services, whether or not arising out of negligence, shall be limited to $100, irrespective of  the kind of liability.

Severability

If any of the provisions of this terms or services shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this shall be unimpaired, and the terms shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision that comes closest to the intention of the parties underlying the invalid.

Podcast Related Services

INTRODUCTION

The Agency has substantial experience delivering high-caliber marketing strategies, websites, podcast management, and building platforms for clients in Personal Brands and Small businesses. Impact4brands has a team of Marketing Strategists, Content writers, Audio Editors, Video editors, Web Design pros & all-around Tech Geeks from many freelancers working on different projects.

As a result, The Agency believes that The Agency presents a strong case for partnership with The Client to launch, scale, and market their podcast.

LAUNCH SERVICES

This Launch Service Includes: 

  • Initial Podcast Strategy and Roadmap
  • Podcast Set up on Apple, Spotify, Google Podcast, and Stitcher
  • Podcast Cover art Design
  • 15 Episodes Audio Edited
  • 15 Episodes Artworks Designed
  • 15 videos edited and scheduled on youtube as per the podcast episode release scheduled. ( If you have videos)
  • Scheduling the podcast episodes on your podcast hosting space.
  • Promo Material and Content repurposing for 15 episodes ( 4 promo material for each episode, so 60 pieces of content, i.e., graphic, video, audiogram, quote, etc.)
  • Converting the show notes as 15 Blogs and scheduled to be published on your website, integrating your podcast audios.
  • A Press Release about your podcast launch on more than 250 Outlets.
  • Initial Podcast traffic and 20/25 reviews and ratings. 

The Launch Service does not include : 

  • Buying hosting services for you.
  • Any additional episodes.
  • Guest Management Services.
  • Any creative service not mentioned.
  • Any promotional service not mentioned.

 

This is not an exhaustive list. If it is not included in “ILaunch Services,” then it should be assumed that it is not included as part of The Service. 

 

RECORDING AND SENDING RECORDED FILES

 

The Client is responsible for all the recording works and sending The Agency all the works within the agreed time. 

PODCAST EDITING SERVICE

“Podcast Editing Service(s)” refers to the work done to audio files after they’ve been recorded to make them “sound better.” Sometimes this is called “post-production” If This Agreement includes Podcast Editing Services, it will be indicated in II. 

  1. Included in Podcast Editing Services
  • Editing of up to 60-minutes of raw recorded audio for each Episode
      1. “Raw” describes unedited audio. After editing, 60-minutes of raw recorded audio may wind up being only 50-minutes long. The runtime limitation is on the unedited (raw) audio’s runtime and not on the resulting finished product’s runtime.
      2. Recorded audio may contain up to three individuals (ex., Two hosts and a guest)
      3. Editing covers removing mistakes, long pauses, and other things that should not make it into the finished product. – such as coughs and things earmarked explicitly for removal by The Client.
  • Engineering of audio. This includes:
    1. Best effort audio repair. 
      1. Suppose The Client’s audio has artifacts like crackle, buzz, hum, popping, or clicking. In that case, The Agency will reduce the presence of these artifacts as much as possible but rarely will be able to remove them altogether. If The Client, for example, provides us with audio recorded outside during a rainstorm, The Agency cannot “edit out the rain.” Likewise, as another example, if The Client’s recording cables are located next to power cables during a recording session in their own home, and there is electromagnetic interference present in the recording due to this, The Agency cannot remove this from the audio. The Agency can only do its best to reduce it and make it less perceptible.
  • Breath reduction
      1. Removing breaths is time-consuming and creates an unnatural-sounding end result. Breaths will be reduced by a measure of dB (relative to the loudness of the surrounding audio).
  • Mouth De-Clicking
      1. The reduction of “mouth noise” in a recording. Mouth clicks happen when a speaker is not properly hydrated and their mouth has become dry. Mouth De-Clicking is the process by which The Agency reduces and/or removes these clicks.
  • De-Essing
      1. To reduce the intensity of sibilants in a speaker’s voice. Sibilants are created when pronouncing S’s and certain other consonants, and De-essing makes these sibilants quieter.
  • Gating
      1. Gating refers to the muting, or reduction, of the audio signals when a speaker is not speaking. This is done only when needed and only when it can be. For example, gating is not used when speakers are in the same room and close to one another.
  • Compression & Loudness normalization
      1. It ensures that the perceived loudness of a recording is consistent throughout. Loudness is normalized to between -15LUFS to -17LUFS (where the -15 is “louder”) with the ideal level of -16LUFS (the industry quasi-standard). 
  • Completed files
    1. Edited podcast recordings will be provided to The Client in .Mp3 format at 128kbps
      1. We can provide between other kbps options: 64, 96, 128, 192, 256, or 320. (Most podcast hosting providers will limit either bitrate or file size for .Mp3 uploads, making 128kbps the highest bitrate usually allowed)
    2. The Client may request a lossless WAV or FLAC version of the final product and stems. These items will not be provided unless requested by The Client. After a podcast episode is completed and handed off to The Client, The Agency does not store the associated project files for longer than 30-days. All project files are purged every 30-days. The Agency does not absorb the cost of increasing data storage, and the Agency does not keep backups.

 

This is not an exhaustive list. If it is not included in “Podcast Editing Service” then it should be assumed that it is not included as part of This Service. 

 

PODCAST STRATEGY AND ROADMAP

This is a strategy call with Shouvik Lahiri from The Agency and The Client on the idea of the client’s podcast Agency and The Client will come up with answers to the following questions together :

  • How is the Podcast going to help The Client’s business?
  • Who is the target audience?
  • What should be the podcast format ( Solo/ Interview or Mixed)?
  • Primary keyword research to help you come up with topics for the podcast

 

This is not an exhaustive list. If it is not included in “Podcast Strategy and Roadmap,” then it should be assumed that it is not included as part of The Service. 

 

PODCAST ACCOUNT SET UP

This service includes creating Hosting Account, Creating Accounts in Apple, Spotify, Google Podcast, and Stitcher, and integrating the same with the Hosting account. The Client needs to open all the accounts mentioned, and our service is limited to helping The Client do so. We may need to access The Client’s hosting account if The Client needs any support, and The Agency will do it only with the consent of The Client. All the responsibilities in such a case remain with The Client, and The Agency, by no means, is responsible for anything wrong that happens inside The Client’s account to which The Client s given access. 

 

This is not an exhaustive list. If it is not included in “Podcast Account Set Up” then it should be assumed that it is not included as part of The Service 

 

PODCAST DESIGN SERVICE

The podcast design services include : 

  1. Designing of Cover Art Layout
  2. Designing of Guest Episode Cover Layout
  3. Designing of Solo Episode Cover Layout
  4. Designing of Audiogram Layout
  5. Designing of Video Snippet Layout

The Agency will Send The Client all the layouts for approval, and once they are approved, the formats will be used further. If The Client doesn’t like the designs, The Agency will send 5 such fresh designs if needed. Even after sending 5 such designs, if The Client doesn’t like any of them, then The Client needs to get those designs done by anybody else and send them to the agency. In such a case, there is no refund/ reimbursement from the agency!

 

This is not an exhaustive list. If it is not included in “Podcast Design Service,” then it should be assumed that it is not included as part of The Service. 

 

VIDEO EDITING  AND YOUTUBE SERVICES

The video editing services will include clipping out the unnecessary parts as highlighted by The Client and basic sound enhancement, and adding intro and outro if any. Then we will schedule the video to get published with the podcast, and it will include : 

  1. Adding Youtube Thumbnail
  2. Adding relevant tags
  3. Adding Description and Linkbacks as per the show notes

 

This is not an exhaustive list. If it is not included in “Video Editing and Youtube Services” then it should be assumed that it is not included as part of The Service. 

 

INTRO AND OUTRO MUSIC

In most of cases, the intro and outro are identical. If The Client wants a customized intro and outro for each episode, they can send The Agency the recording for every episode. 

Also, The Client can buy royalty-free music from anywhere and provide The Agency to use it for the intro and outro. 

 

This is not an exhaustive list. If it is not included in “Intro and Outro Music” then it should be assumed that it is not included as part of The Service. 

WRITING SERVICES

The Agency’s writing services include: 

  1. Giving an Optimized and Interesting title to the episodes
  2. Writing your show notes with Keyword Optimization
  3. Converting episodes as YouTube Video Description 
  4. Writing the Show notes as blogs

 

The writing services are up to the extent of Search Engine Optimized show notes and the related writing style only. This is not a copywriting service. Each writing service will be sent to The Client for every episode. It’s scheduled to publish only after The Client edits it or approves it. 

 

This is not an exhaustive list. If it is not included in “Writing Services” then it should be assumed that it is not included as part of The Service. 

PROMOTIONAL MATERIALS

The Agency will provide the following for each of the episodes under promotional materials : 

  1. One Audiogram
  2. One Quote Graphic
  3. One Normal Graphic
  4. One Square Video Clip  ( If The Client is not providing Video, the Agency will create the video with the audio wave)

These are provided in advance so The client can plan the promotion of the Podcast Episodes and share this with the guest of the episode if any. 

 

This is not an exhaustive list. If it is not included in “Promotional Materials,” then it should be assumed that it is not included as part of The Service

 

PROMOTIONAL SERVICES

The agency will provide the following under the Promotional Services : 

  1. A Press Release about your Podcast Launch which will be distributed to more than 250 media outlets across the globe. The Agency will write the press release and send it to The Client. The Client can edit it if required and approve it for further process.
  2. The Agency will try to boost the podcast initially to get some targeted organic traffic and reviews. 

The Agency cannot guarantee any results out of the promotional activities as they will vary from podcast to podcast and from time to time. Also, The Agency cannot guarantee that any review or the podcast launch news will be published in any media outlet. 

 

This is not an exhaustive list. If it is not included in “Promotional Services,” then it should be assumed that it is not included as part of The Service. 

COPYRIGHT

The Client may assist the Client in obtaining the necessary permissions. However, unless otherwise specified in this Agreement, the Client accepts responsibility for complying with copyright laws and obtaining the necessary permission to use any elements of provided text, graphics, photos, music and song lyrics, designs, trademarks, or other created work to be included in the final product.

WARRANTIES

  • Editing is a process of offering advice and suggestions to the Client. While The Agency will make every effort to identify and bring questionable material to the Client’s attention, it is impossible to guarantee error-free content.
  • The Agency’s responsibility is limited to notifying the Client of any suspected or unresolved issues within the edited work. The Client is responsible for accepting (or rejecting) The Agency’s suggestions and resolving any issues identified by The Agency (e.g., suspected plagiarism).
  • Rejecting or disliking The Agency’s suggestions is not a basis for refusing to pay the fees outlined in The Service.

INDEMNITY & LIABILITY

  • The Agency will comply with all applicable laws when performing the services.
  • The Client agrees to indemnify The Agency from any claims or demands, including legal fees, that arise out of any alleged libel, copyright infringement, GDPR or other legal or contractual issues created by the Client in writing, revising, publishing, or otherwise using the work.
  • The Agency will not be liable for any amount in excess of the amount due under the Agreement. This limitation on liability also applies if information or materials are damaged or lost without fault on the part. 

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Kolkata, West Bengal, India, regardless of the conflict of laws principles thereof.

 

BUFFER TIMELINE

The agency believes in Buffer Timeline policy and prefers to have one month of content ready for publication with them while working with any client. Accordingly, the client needs to plan their content deliverables and payments. The Agency wants to create a 30-day buffer between the production and release of a podcast episode. The client should agree to publish their podcast 30 days after onboarding. Though the agency may get it done fast, the standard practice should be 30 days from the onboarding date.

 

MISSED EPISODE & AGREEMENT CANCELLATION

 

If The Client misses an episode, This Agreement is not in any way extended beyond these dates. The Client’s responsibility is to record and provide their audio every week (or whatever frequency applies). If this responsibility is not fulfilled, The Agency reserves the right not to accommodate requests for “make-up” recording sessions or rush editing jobs. The Agency will always do its best to be flexible in this regard but cannot be so if so putting its other clients’ projects at risk.

 

If The Client wishes to cancel this Agreement prematurely, it can do so at any time. Being a special launch offer, 100% of the invoice payable / paid will be charged as early termination fees. Any unfinished work will be provided to The Client “as is” and deleted from The Agency’s data storage. 

 

If The Agency wishes to cancel This Agreement prematurely, it can do so at any time, for any reason, and without notice. Suppose The Client has already paid for services and they have yet to be rendered. In that case, The Agency must either render these services as agreed initially upon or refund the value of the remaining services within 60-days of premature cancellation.