Standing Contractual Precedence: These Terms and Conditions operate in conjunction with a signed Client Service Agreement and mutual confidentiality agreement. For 1-year plans (Media Air, Media Plus and Media Exclusive), our Plan Terms and Refund and Cancellation Policy also apply. In the event of any specific variance, your signed contract comes first, followed by the Plan Terms, and then these general terms.
Acceptance of Terms
By accessing our website (themediacompany.in), submitting an enquiry, scheduling a confidential consultation, or retaining The Media Company (“we,” “us,” “our”) for public relations, content, or media operations, you agree to be bound by these Terms and Conditions.
If you do not accept these Terms in their entirety, you must refrain from using our website and retaining our services. For contracted clients, these Terms form part of the master service framework alongside your signed confidentiality agreement and Statement of Work (SOW).
Description of Services
The Media Company delivers strategic public relations, digital brand architecture, content production, fact-checking and verification, crisis containment, and executive social media management across major distribution channels (including Instagram, YouTube, X, Facebook, LinkedIn, and print/digital news).
The precise scope of services, deliverables, reporting frequency, review workflows, and service level agreements (SLAs) are defined separately in each client’s executed Statement of Work.
Client Responsibilities
To enable the effective and legally compliant delivery of services, clients agree to:
- Provide Accurate Materials: Supply factual, truthful, and verified background details, bios, credentials, and reference documents for all content created on their behalf.
- Timely Access: Grant authorized technical permissions, administrative rights, or designated multi-factor authentication approvals to managed social channels without undue delay.
- Adhere to Approval Windows: Review and provide feedback or approval on submitted drafts within mutually agreed turnaround timelines to maintain publishing schedules.
- Disclose Sensitivities: Promptly inform our account team of any emerging legal notices, regulatory inquiries, political sensitivities, or material factual developments that impact ongoing communications.
- Regulatory Adherence: Ensure that all representations comply with applicable Indian statutory codes, including the Advertising Standards Council of India (ASCI) guidelines, National Medical Commission (NMC) regulations (for healthcare professionals), and the Representation of the People Act, 1951 (for political candidates).
The Media Company is not liable for publishing delays, algorithmic penalties, or missed news cycles resulting from a client’s failure to provide timely approvals, access credentials, or factual clearances.
Confidentiality & Privacy Protection
Confidentiality is an absolute operational covenant. Prior to the exchange of any credentials, draft narratives, or strategy outlines, both parties execute a binding confidentiality and privacy agreement.
- Both parties agree to treat all non-public information—including private schedules, strategic playbooks, campaign budgets, internal metrics, and account credentials—as strictly confidential.
- The Media Company will never publicly acknowledge the existence of a client relationship, display client names or logos in marketing materials, or reference performance statistics without explicit, prior written consent.
- These confidentiality obligations survive the expiration, completion, or termination of any service engagement for a minimum period of five (5) years, or indefinitely where specified in the signed confidentiality agreement.
Content Ownership & Intellectual Property
Except as expressly amended in an individual Statement of Work:
- Client Ownership of Final Deliverables: All final creative assets, published posts, video productions, graphic designs, and written speeches created specifically for a client become the exclusive property of the client upon full payment of all related invoice fees.
- The Media Company Retained Methodologies: The Media Company retains all rights, title, and interest in its proprietary workflows, software scripts, templates, CRM configurations, algorithmic heuristics, and analytical methodologies developed independently or utilized during the engagement.
- Third-Party Licences: Stock photography, commercial font licenses, licensed audio tracks, and third-party software subscriptions remain subject to their respective vendor license agreements.
- Brand Integrity: The Media Company will not license, repurpose, or distribute client-owned intellectual property or identifiable personal brand assets to any other client or external third party.
Payment Terms & Invoicing
Retainer fees, milestone installments, content production costs, and billing cycles are defined in each client’s individual service agreement.
- All invoices are payable in Indian Rupees (INR) within fifteen (15) calendar days of receipt, unless other credit terms are specified in writing.
- Applicable Goods and Services Tax (GST) and statutory withholdings will be clearly itemized on all tax invoices in accordance with Indian tax legislation.
- In the event of overdue balances exceeding thirty (30) days, The Media Company reserves the right to suspend ongoing publishing, pause active war-room monitoring, and withhold pending deliverables until all outstanding amounts are cleared.
Verification & Content Approval Protocol
We apply our multi-stage editorial verification protocol to all outgoing communication to ensure factual rigor, brand voice consistency, and risk mitigation.
Where an engagement establishes client approval checkpoints, final publication authority resides with the client or their designated signatory. The Media Company is not responsible for factual inaccuracies, defamatory statements, or misleading claims that were explicitly approved by the client during sign-off and were not identifiable through standard journalistic fact-checking diligence.
No Guarantee of Results
While we apply proven strategies, dedicated personnel, and rigorous algorithmic analysis to every campaign, public relations and digital distribution are inherently subject to dynamic variables beyond human or agency control.
Termination of Services
Either party may terminate a service agreement by providing written notice in accordance with the stipulated notice period (typically thirty (30) days, unless otherwise specified in the SOW).
Upon effective termination:
- All administrative logins, API tokens, and platform passwords delegated to The Media Company will be returned or revoked immediately.
- The client shall pay for all services rendered and approved expenses incurred up to the effective date of termination.
- All confidentiality, non-disclosure, and intellectual property provisions continue in full force and effect.
- Work-in-progress deliverables will be handed over to the client subject to full settlement of outstanding invoices.
Limitation of Liability
To the maximum extent permitted by applicable Indian law (including the Indian Contract Act, 1872):
- Aggregate Liability Cap: The total aggregate liability of The Media Company, its directors, officers, and employees arising out of or related to our services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the client to The Media Company under the specific Statement of Work giving rise to the claim during the preceding three (3) months.
- Exclusion of Consequential Damages: Neither party shall be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of business reputation, loss of prospective profits, loss of goodwill, platform suspension, or commercial disruption, even if advised of the possibility of such damages.
- Exclusions: Nothing in these Terms limits or excludes liability for fraud, willful misconduct, gross negligence, or any other liability that cannot be lawfully limited under Indian law.
Indemnification
Clients agree to defend, indemnify, and hold harmless The Media Company and its team members against any third-party claims, liabilities, damages, and reasonable legal costs arising out of:
- Content, statements, or representations approved or supplied by the client that infringe third-party intellectual property or violate statutory codes;
- Failure of the client to disclose material conflicts, ongoing litigations, or regulatory bans; or
- The client’s willful violation of applicable advertising, medical, electoral, or criminal statutes.
This indemnity does not apply to claims resulting directly from The Media Company’s gross negligence or unapproved departures from signed client briefs.
Governing Law & Jurisdiction
These Terms and Conditions, all client service agreements, and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the substantive laws of India.
Subject to the dispute resolution provisions set forth in Section 13, the competent civil courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction over all proceedings arising from these Terms or engagements with The Media Company.
Dispute Resolution Protocol
Before instituting any formal legal arbitration or judicial proceedings, the parties agree to resolve any dispute amicably:
- Good-Faith Negotiation: The aggrieved party shall issue a formal written Dispute Notice. Senior designated representatives of both parties shall meet (in person or via teleconference) and negotiate in good faith for a period of thirty (30) business days.
- Arbitration: If the dispute remains unresolved upon expiration of thirty (30) business days, it shall be referred to and finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration seat and venue shall be Bengaluru, Karnataka, conducted in the English language before a sole arbitrator appointed by mutual consent.
Changes to These Terms
We reserve the right to modify these Terms and Conditions periodically to maintain alignment with statutory updates or expanded service offerings. The “Last Updated” date at the top of this page confirms the date of the latest publication.
Continued engagement with our services or use of our website following the posting of updated Terms constitutes acceptance of the modifications. Active clients will be notified of material changes affecting existing service contracts.
Contact Information
For inquiries regarding these Terms and Conditions, contractual clarifications, or service agreements, reach out to our legal and operations team: