Terms of Service

1. Agreement to Terms

By accessing or using the website at theugcagency.com and any services offered by The UGC Agency, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

These terms apply to all visitors, clients, and anyone who accesses or uses our services. By engaging with The UGC Agency, you represent that you are at least 18 years of age and have the legal authority to enter into a binding agreement.

2. Our Services

The UGC Agency is a UGC video production agency based in India, specialising in creating authentic, creator-made video content for brands across industries. Our services include:

• UGC ad creatives and performance video content
• Product demonstration and unboxing videos
• Testimonial and review-style videos
• How-to and tutorial content
• Before-and-after transformation videos
• Creator sourcing and matching for your brand

Important: We exclusively produce UGC video content. We do NOT provide ad optimisation, media buying, performance marketing, campaign management, or any form of paid advertising services. Our scope is limited to the creation and delivery of video content assets.

3. Client Responsibilities

To ensure smooth production and timely delivery, clients are responsible for the following:

• Providing accurate and complete brand information, including brand guidelines, tone of voice, and visual references
• Supplying product samples to creators in a timely manner, as required for production
• Submitting clear and detailed creative briefs outlining expectations, key messages, and any mandatory elements
• Providing timely feedback on deliverables within agreed review windows
• Ensuring all claims made in briefs are truthful and compliant with applicable advertising regulations

Delays caused by late product shipments, unclear briefs, or delayed feedback may result in extended delivery timelines. The UGC Agency shall not be held responsible for delays arising from client-side dependencies.

4. Content Ownership & Licensing

Upon receipt of full and final payment for a project, The UGC Agency transfers full commercial usage rights of the delivered video content to the client. This means:

• You may use the delivered content across all digital platforms, including social media, paid ads, websites, email marketing, and e-commerce listings
• Usage rights are perpetual and worldwide, unless otherwise specified in your agreement
• You may edit, crop, or adapt the delivered content for your marketing needs

Please note that raw footage and unedited source files remain the property of the respective creators and The UGC Agency, unless a separate raw footage licence has been agreed upon. Creators may retain the right to feature the work in their personal portfolios unless restricted by an NDA.

5. Payment Terms

All payments are to be made as per the agreed package or invoice terms. Our standard payment structure is as follows:

• 50% advance payment is required before production begins. No work will commence without receipt of the advance.
• Remaining 50% payment is due upon delivery of the final content, before download links or unwatermarked files are shared.
• All prices are quoted and payable in Indian Rupees (INR).
• Goods and Services Tax (GST) is applicable as per prevailing rates and will be added to the invoice amount.
• Payment can be made via bank transfer (NEFT/RTGS/IMPS), UPI, or any other method specified on the invoice.

Late payments beyond 7 days of the due date may attract a late fee of 1.5% per month on the outstanding amount. The UGC Agency reserves the right to pause ongoing work if payments are not received on time.

6. Revisions & Deliverables

Each package includes a specific number of revision rounds as outlined below:

• Starter plan: 1 round of revisions per video
• Growth plan: 2 rounds of revisions per video
• Scale plan: Unlimited revisions per video

Revisions must be requested within 7 days of receiving the deliverable. Revision requests should be consolidated into a single, clear feedback document per round. Additional revision rounds beyond the plan allowance will be charged separately at our standard revision rate.

Delivery timelines are as agreed upon in the project scope. Standard turnaround is 7–14 business days from the date of brief approval and product receipt by the creator. Rush delivery options may be available at an additional cost.

7. Cancellation & Refunds

We understand that plans change. Our cancellation and refund policy is as follows:

• Before production begins: Full refund of the advance payment, minus a 5% processing fee to cover administrative costs.
• During production: A prorated refund will be issued based on the stage of production and work completed. Any content already produced will be delivered to the client.
• After delivery: No refunds will be issued once the final deliverables have been shared with the client.

Cancellation requests must be submitted in writing via email to hello@theugcagency.com. Refunds, where applicable, will be processed within 15 business days of the cancellation being confirmed.

8. Intellectual Property

All pre-existing brand assets, logos, trademarks, product images, and proprietary materials provided by the client remain the sole property of the client. The UGC Agency claims no ownership over client-provided materials.

Conversely, The UGC Agency's creative processes, production methodologies, templates, frameworks, internal tools, and proprietary workflows are and shall remain the intellectual property of The UGC Agency. Clients may not replicate, distribute, or reverse-engineer our production processes.

The UGC Agency reserves the right to showcase completed work in our portfolio, case studies, and marketing materials, unless restricted by a written agreement or NDA.

9. Limitation of Liability

The UGC Agency provides professional UGC video production services. However, we make no guarantees regarding the performance of the content once it is used in advertising campaigns or other marketing activities.

• We are not liable for how UGC content performs in paid ad campaigns, organic posts, or any other distribution channel.
• We do not guarantee any specific return on ad spend (ROAS), sales figures, conversion rates, or engagement metrics.
• The effectiveness of video content depends on numerous factors outside our control, including ad targeting, budget allocation, product-market fit, landing page quality, and market conditions.

The UGC Agency's total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific project in question.

10. Confidentiality

We take client confidentiality seriously. The UGC Agency commits to keeping all client strategies, business information, product launch plans, marketing data, and proprietary information strictly confidential.

Our team members and creators are bound by confidentiality obligations. We will not share your business information with competitors or any unauthorised third parties.

For clients requiring additional protection, formal Non-Disclosure Agreements (NDAs) are available upon request and can be executed before the commencement of any project.

11. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes, claims, or controversies arising out of or relating to these terms or the services provided by The UGC Agency shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

Both parties agree to attempt to resolve any disputes amicably through good-faith negotiation before pursuing formal legal proceedings.

12. Changes to Terms

The UGC Agency reserves the right to update or modify these Terms of Service at any time. Changes will be effective immediately upon posting the revised terms on this page. The “Last updated” date at the top of this page will reflect the most recent revision.

Your continued use of our website or services after any changes to these terms constitutes your acceptance of the updated terms. We encourage you to review this page periodically to stay informed of any changes.

13. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please reach out to us:

• Email: hello@theugcagency.com
• Website: theugcagency.com

We aim to respond to all inquiries within 2 business days.