Terms and Conditions
Effective Date: January 1, 2025 These Terms and Conditions ("Terms") govern your relationship with Advariation (“we,” “us,” or “our”) when engaging with our creative services. By initiating a project with us, you acknowledge and agree to these Terms. For questions or concerns, please contact: policy@advariation.com.
I. Payment & Transaction Policies
Secure Payments: We use a leading third-party payment platform that meets rigorous industry standards for security and privacy. All transactions are encrypted and processed externally through systems trusted by millions of consumers and businesses worldwide. We do not store, process, or have access to your payment details.
Production Cost Estimates & Payment:
- After you complete Step 1: Let’s Connect, we may follow up with additional questions as needed.
- Once project details are clarified, we will provide a production cost estimate via an invoice.
- Work begins only after payment is received.
- A receipt will be issued once payment is successfully processed.
Billing Issues: If you encounter a payment issue, please contact Lisa White at lisa@advariation.com.
II. Production Workflow & Timelines
We follow a structured three-step process:
Step 1: Let’s Connect (within 1 business day)
- We review your project intake and follow up with any clarification questions.
- Once details are confirmed, we send you a production estimate and invoice.
Step 2: Project Acceptance (Up to 5 business hours)
- Project begins upon receipt of payment.
- Clients must upload required assets via their preferred method (e.g., Google Drive, Dropbox, WeTransfer).
- If assets are not received within 3 business days, the project may be delayed, deprioritized, or canceled without refund.
Step 3: Project Delivery (3–5 business days, or as scoped)
- Standard animated display ads are typically delivered within 3–5 business days of mockup approval.
- Complex creatives (e.g., rich media, interactive ads) may require longer timelines.
- Delivery timelines are contingent upon:
- Timely submission of assets
- Client responsiveness during approvals
- Number of revision requests
Expedited delivery may be available for an additional fee.
III. Revisions & Approval Process
Included Revisions: Each project includes one revision at no extra cost.
Additional Revisions: Further changes beyond the included revisions may result in additional fees and extended delivery timelines.
Approval Timeline: Mockups must be reviewed within 2 days to keep the project on schedule. Delayed approvals may impact the final delivery timeline.
IV. Additional Services & Requests
Additional creative services (e.g., resizing, motion upgrades, localization, or format conversion) can be added at a fractional or bundled rate, depending on the scope. These requests must be submitted in writing and may require a new estimate and timeline.
V. Satisfaction & Dispute Resolution
Satisfaction Guarantee
We strive to deliver work that meets your expectations. If the final deliverables fall short within the original project scope, we offer scope-based revisions to address concerns.
Outside Scope
Significant changes that diverge from the original brief may require a new engagement and estimate.
Dispute Resolution
If a concern arises, please contact Lisa White at lisa@advariation.com. We aim to resolve disputes amicably. In the event of an unresolved issue, both parties agree to attempt good-faith mediation before pursuing any legal remedy.
VI. Confidentiality & Data Protection
Client Privacy
- All project information, creative assets, and brand materials are treated as confidential.
- We do not publish your work in our portfolio or share details publicly without your prior written consent.
- If a mutual non-disclosure agreement (NDA) is in place, we will adhere to its terms.
Asset Sharing & Storage
- Clients are responsible for asset sharing via their preferred storage system (e.g., Google Drive, Dropbox).
- You control who has access, for how long, and retain full rights over the data shared.
VII. Cancellations, Refunds & Paused Projects
Client-Initiated Cancellations
- If a project is canceled before work has begun, we may offer a partial refund at our discretion (minus processing and consultation fees).
- Once work has started, refunds are not available due to time and resources already allocated.
Project Inactivity
- Projects that remain inactive (e.g., no client response or asset submission) for more than 14 calendar days may be closed without refund.
- Resuming work after a pause may require a new timeline and fees.
VIII. Force Majeure
We are not liable for delays or non-performance due to events beyond our control, including but not limited to natural disasters, internet outages, labor strikes, platform outages (e.g., Meta/Google downtime), or changes in third-party technology policies.
IX. Legal Compliance
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
Jurisdiction
Any legal action, claim, or proceeding arising out of or relating to these Terms or our services must be brought exclusively in the state or federal courts located in New York County, New York. Both parties consent to the personal jurisdiction and venue of such courts.
Arbitration
In the event of any dispute that cannot be resolved through good-faith negotiation, both parties agree to submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration shall take place in New York City, New York, and the decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.
Either party may seek injunctive or equitable relief in court for claims related to intellectual property or confidentiality breaches without waiving the right to arbitration for other claims.
Limitation of Liability
To the maximum extent permitted by law, Advariation’s total liability for any claim arising out of or relating to our services is limited to the total amount paid by the Client for the specific project giving rise to the claim.
We are not liable for:
- Indirect, incidental, special, or consequential damages;
- Loss of profits, business interruption, or reputational harm;
- Platform-specific issues (e.g., ad disapprovals, account suspensions, or delivery failures on third-party platforms such as Meta, Google, or TikTok).
Indemnification
The Client agrees to indemnify, defend, and hold harmless Advariation and its officers, employees, and contractors from any claims, damages, losses, liabilities, or legal fees arising out of:
- Content or assets supplied by the Client;
- Client misuse of delivered creative assets;
- Breach of these Terms;
- Any third-party claim that materials provided by the Client infringe intellectual property or violate rights of publicity, privacy, or platform policies.