Terms&Conditions | BrandingWorld

Terms& Conditions

PROJECT TERMS

• All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
• By accepting a quote/filling up the acceptance form, you agree to and accept the terms and conditions of BrandingWorld. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
• Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
• Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by BrandingWorld.
• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
• BrandingWorld will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
• Any bugs (programming errors) reported during or just after the development does not attract additional charges.
• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will BrandingWorld be liable for any delays caused by change in the project brief.
• Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
• Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox& Chrome. If you require testing to be done on any other browser, please let us know in advance.
• Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
• If your website/application is not hosted on a BrandingWorld server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
• If clients are using our Hosting servce, we are in partnership with Hostinger India, terms and conditions of Hostinger is applicable to our clients also
• Please note that at any stage during the project, stalling of the project for over two calendar months will incur Rs.2500/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
• BrandingWorld software codes (not including open source software) are copyrights of BrandingWorld. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
• BrandingWorldCMS is a proprietary CMS of BrandingWorld. BrandingWorldowns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. BrandingWorldwarrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. BrandingWorldCMS cannot be transferred to any external host; this includes any access to the software codes.
• The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
• Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although BrandingWorld does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, SMS& E-Mail Gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
• BrandingWorld takes no responsibility of upadates on pluggin, versions done by clients on products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
• BrandingWorldoffer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
• The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
• Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client. A domain handling charge will be added to the client separately for that
• Hosting charges are not included in the quotations unless mentioned otherwise. BrandingWorld can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. BrandingWorld will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
• Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with BrandingWorld, upon full payment of any outstanding invoices, BrandingWorldwill grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

⚠️ By filling out our contact form you are accepting all T&C of Eligo Infigo Ventures LLP & its affiliates. All news & updates regarding services will convey you by Email, Call & SMS via the details Provided

DIGITAL MARKETING / STRATEGY TERMS

Digital Marketing Package or Digital Strategy Package Terms:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.

They are billed monthly and are payable by the 1st of every month.

Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.

BrandingWorld employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

Support requests need to be sent via email to [email protected]

Payment terms:
Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.

An administrative fee of Rs.750 will be charged to the clients account for any late payments or declined credit card charges.

There are absolutely no refunds for any fees related to the digital marketing/strategy package.

Termination:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.

BrandingWorld reserves the right to terminate at anytime with written notice to the Client.

ANNUAL MAINTENANCE TERMS

Basic Annual Maintenance Package Terms:
All maintenance packages are for a minimum of 12 months period.

Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.

Packages may include 12 months basic website hosting, email hosting and DNS hosting.

Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.

Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.

Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional workhours are requested for your approval.

Any extra hours used will be billed separately @ Rs750/hour

Support requests need to be sent via email [email protected]

Any urgent tasks will be charged separately.

The package is auto renewed every year on its anniversary date.

Payment terms:
Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.

Monthly maintenance package fees will be charged to the clients credit card on file on the 1st day of every month.

An administrative fee of Rs.750 will be charged to the clients account for any late payments or declined credit card charges.

More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.

There are absolutely no refunds for any fees related to the monthly maintenance package.

Termination:
In case Client need to cancel the auto annual renewal, please inform us in writing (email) at least one month prior to the renewal date.

Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.

BrandingWorld reserves the right to terminate annual maintenance at anytime with written notice to the Client.

GENERAL APPROACH

For general website design & development projects we employ the following steps:

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

PAYMENT/ REFUND

All prices are quoted in Indian Rupees are specified.

All invoices are to be processed as per the schedule via your preferred method of payment.
Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.
Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
BrandingWorld reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of Rs550 per month, from the due date.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. BrandingWorld will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.
BrandingWorld generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

Disputes Liability and Indemnity
In an event of a dispute, BrandingWorld reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, BrandingWorld reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will BrandingWorld be liable for any damages arising from misrepresentation or misinformation.

BrandingWorld reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

BrandingWorld provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of BrandingWorld with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold BrandingWorld, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from BrandingWorld.

BrandingWorld will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

HOSTING

Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. BrandingWorldwill not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. BrandingWorld ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

Incase of a malware attack, BrandingWorldreserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. BrandingWorldwill not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

– BrandingWorldCMS is a proprietary CMS of BrandingWorld. BrandingWorldowns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. BrandingWorldwarrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. BrandingWorldCMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using BrandingWorldCMS.

– BrandingWorldCMS is a proprietary CMS of BrandingWorld and cannot be transferred to any external host.

Emails:
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

BrandingWorldoffer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

DOMAINS

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can result in service disruption and loss of domain.

BrandingWorld will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

BrandingWorld has the domains in a common pool account and therefore cannot give access to its domain control panel.

BrandingWorld offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

INTELLECTUAL PROPERTY

BrandingWorld is brand under the control of Eligo Infigo Ventures LLP, which is registered under the rules of LLP acts in India.
All content of this website is a property of BrandingWorld unless otherwise specified. BrandingWorld reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. BrandingWorld reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. BrandingWorldCMS is a proprietary CMS of BrandingWorld and can not be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.

Any other 3rd party organisation or individual are not allowed to use BrandingWorld Logo including the name and symbol in any way shape or form without a written permission from us. We are not responsible for the consequences, if anyone do so.