Legal Terms & Conditions

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These legal Terms & Conditions outline the rules and guidelines governing the relationship between the agency and its clients, ensuring clarity, protection, and fair treatment for both parties. 

1. Quotes & Pricing may change/vary, and be valid only for a specific period of time mentioned in the shared document at the time.

2. The project will not commence before receiving an advance amount as per agreement.

3. Professional fees will most likely be increased if and when the quantum of scope of work (SOW) deviates/increases.

4. PAYMENTS:

  • 4.1. Payment is to be released as per the schedule mentioned in the written agreement.
  • 4.2. Advance amount received is Non-Refundable under any circumstances, unless explicitly mentioned in agreement.
  • 4.3. If the payment terms are not met by the client, we have the right to refuse further services, cancel the project and forfeit the advance in addition to recovering the remaining amount from the client wherever applicable.
  • 4.4. We also reserve the rights to withhold the deliverables and final files etc; from the client in case of non-payment.
  • 4.5. We also reserve the rights to undo/revert the work we have done for the client in case of non-payment.
  • 4.6. We are not liable for any inconvenience/damages the client may face due to the circumstances arisen from non-payment of our fees in accordance with the agreed payment terms.
  • 4.7. An interest of 24% per annum will be charged over and above on the remaining due amount in case of delayed payment (calculated from the date of invoice generation till the final payment date).
  • 4.8. We accept only the following payment modes: Cash, Demand Draft, Bank Transfer and Wallets (gPay, PayTm, UPI). Personal Cheques are not accepted.
  • 4.9. Any 3rd party purchases will be billed separately over and above the agreed professional fee, with an addition of 10% convenience fee to the total amount of 3rd party purchases.
  • 4.10. Taxes will be extra at (GST@18%) over the total billed amount.

5. PROJECT TIMELINES

  • 5.1 We shall deliver the project in accordance with the delivery time-line as per agreement only if the following conditions are met due-diligently:
    • 5.1.1. If the Scope of Work (SOW) remains the same and does not deviate from the original after agreement.
    • 5.1.2. If the client delivers to us the necessary brief, inputs, references, documents, graphics, content, images etc; in a timely and organized manner upon request before the commencement of a project.
    • 5.1.3. If the client communication, response, feedback etc; is prompt and accurate.
    • 5.1.4. If the client makes us aware of any challenges, technical issues etc; that we may have to face beforehand.
    • 5.1.5 If the payment terms are firmly adhered to.
  • 5.2. We shall not be held liable for any delays caused by any circumstances that are beyond our control (technical issues, damage/loss of data, natural calamities etc;).
  • 5.3. We are not liable to give any monetary compensation/discount whatsoever due to any delay in project timelines under any circumstances.

The Final Files, Graphics, Print Material, Website Credentials etc; will only be handed over to the client after clearing the full due amount as per agreement. Under No Circumstances the final output/access will be shared with the client without full payment.

ALL PROJECTS ARE UNDERTAKEN BY US, ONLY AFTER SIGNING A BINDING AGREEMENT.

  1. **Introduction**

   1.1. These terms and conditions (the “Agreement”) govern the provision of creative services (the “Services”) by ‘Kanwaldeep Singh & Tulevik Studio’ (the “Service Provider”) to the client (the “Client”).

   1.2. By engaging our Services, the Client agrees to be bound by these terms and conditions.

  1. **Scope of Services**

   2.1. The specific Services to be provided by the Service Provider will be detailed in a project proposal, contract, or scope of work (SOW).

   2.2. Any changes to the scope of Services must be agreed upon in writing by both parties and may result in adjustments to the project timeline and fees.

  1. **Fees and Payment**

   3.1. The Client agrees to pay the Service Provider the agreed-upon fee for the Services.

   3.2. A deposit of Minimum 50% of the total project cost may be required before the project commences, with the remaining balance due as per agreed milestones of the project.

   3.3. The Service Provider reserves the right to invoice the Client for completed work at regular intervals or upon the achievement of project milestones.

   3.4. All payments must be made in [₹ – INR – Indian Rupees] via [Cash, Direct Bank Transfer, Bank Draft, UPI and Other Direct Payment Gateways]. Personal Cheques are NOT Accepted.

   3.5. In the event of project cancellation by the Client, any work completed up to that point will be billed accordingly; including, but not limited to any additional costs incurred to the agency.

  1. **Intellectual Property**

   4.1. The Service Provider retains ownership of all creative works, design concepts, and intellectual property developed during the course of the project unless otherwise agreed upon in writing.

   4.2. Upon full payment for the Services, the Client will receive a non-exclusive license to use the final deliverables solely for the Client’s intended purposes.

   4.3. In case of Non payment for the Services, the Client will not be entitled to receive any part of the deliverables, and the Service Provider retains the complete right to the work done up to that point. Furthermore, the Service Provider may undo/reverse, retain, remove, deny access to any content held by the service provider.

  1. **Project Timeline**

   5.1. The project timeline will be outlined in the project proposal, contract, or SOW and is subject to change only if agreed upon in writing by both parties.

  1. **Client Responsibilities**

   6.1. The Client agrees to provide all necessary materials, content, and information required for the project in a timely manner.

   6.2. The Client is responsible for ensuring that all provided materials do not infringe on any third-party rights, and the Client will indemnify the Service Provider against any claims arising from such infringement.

  1. **Confidentiality**

   7.1. Both parties agree to keep any confidential information shared during the project confidential and not disclose it to third parties.

  1. **Warranty and Limitation of Liability**

   8.1. The Service Provider will make reasonable efforts to ensure that the Services are of high quality and meet the Client’s requirements.

   8.2. The Service Provider is not liable for any indirect, incidental, or consequential damages arising from the Services or the use of the final deliverables.

  1. **Termination**

   9.1. Either party may terminate the project by providing written notice if the other party breaches any material term of the agreement.

   9.2. Upon termination, the Client will be responsible for any fees and expenses incurred up to that point.

  1. **Governing Law**

    10.1. This agreement shall be governed by and construed in accordance with the laws of Haryana State (Faridabad Jurisdiction) Republic Of India.

  1. **Amendments**

    11.1. These terms and conditions may be amended or modified only in writing and signed by both parties.

A. Quotes & Pricing:

B. Scope of Work (SOW):

  1. A detailed written document stating the client’s requirements and objective needs to be shared with the Agency/Us in order to assess the Final Project cost, Timelines etc; before the commencement of any project; followed by a signed contract.
  2. Once, the SOW has been finalized; any amendments to the same thereon will affect the final cost and timeline of the project (will likely to increase).
  3. If any alteration to the SOW are needed; it has to be communicated to the Agency/Us at-least 7 working days prior to the commencement of the project.

C. Project Delivery:

  1. Timelines – We are very particular about sticking to the timelines agreed upon and strive to meet the deadlines. However, we cannot guarantee the exact date of project completion, unless the client ensures 100% compliance with our requests for the deliverables expected of them along with quick and timely response to the communication via any written form or phone/online calls. Also, we cannot guarantee to stick to the agreed timelines under unforeseen circumstance that are beyond our/agency’s control; including but not limited to any personal illness/death, technical issues, data loss, content unavailability, change in SOW, client unavailability, delay/lack of response etc;. Estimated deadlines need to be communicated to All parties involved prior to commencement of any project or if there is a change in the same, it needs to be communicated to all parties involved to set/re-set the timelines of a project.
  2. Project Delivery Risks & Resolution – If a project is at the risk of getting delayed by the agency due to a reasonable cause or reasons beyond our control, the agency shall communicate to the client about the same for an appropriate solution. If a project runs a risk of getting delayed by the agency due to our own un-intentional fault, the agency shall communicate to the client about the same for an appropriate (non-monetary) solution. If there’s a risk of delay caused due to any circumstances arisen from the client side, the client is obligated to inform the agency about the same for an appropriate solution.

Last Updated: January 1st 2023

Acceptance of Terms – Read Carefully.

Definitions: Herein, terms such as ‘Us/We/Me/Agency/Studio’ shall be used to represent (KanwaldeepSingh.com) as a ‘service provider’. Whereas, terms such us ‘You/Client/Customer/Consumer’ shall be used to refer to the 2nd/3rd party receiving our services in any form of media. Scope of Work (SOW) is defined as the ‘binding quantum of work’ to be done by the agency for the client.

Quotes & Pricing: The Quotes/Estimates generated are Valid only for 30 Days from the date of issuance. Pricing is subjected to revision at the sole discretion of the Agency without any prior written notification. The ‘Initial Project Cost’ is subjected to revision while in progression if/whenever there’s a change in the ‘SOW’ defined by the client; which will be communicated to the client for approval.

Third Party Purchases: If the client purchases any 3rd party product/services such as (Domain Registration, Hosting Space, E-Mails, Website Themes, Stationary Printing etc;) from us; the Cost of purchase will be over and above the ‘Project Fees’ and will be Non-Refundable under any circumstances because of the nature of such purchases.

For Websites: Payments received will be split in the order of 50% as an advance, 25% upon review and 25% before the time of website going Live online.

For Social Media (Retainer): One (1) month advance payment will be required at all times for the duration of Retainer period. Minimum billing amount is for 1 month (non-refundable).

For Turn-Key Projects: Payments received will be split in the order of 50% as an advance, 25% upon review and 25% upon completion. 

For Short Tasks: (Amount Less than ₹ 15,000)  75% as an advance and remaining 25% will be required upon task completion.

Payment Methods: We accept Only Cash, Online Bank Transfer, Bank Draft or payments through Wallets/UPI. We Do Not accept Cheques.

Tax Invoice & Due Date: Applicable Govt. Taxes will be Charged Extra (GST@18%). The payment becomes due on the day an Invoice is raised. We do not extend any credit period.

Delay in Payment: A payment is considered ‘Delayed’ when the client is presented with the Invoice after completion of work and the amount is not released as per due date. Under such circumstances, the Agency shall charge to the Client, a fee of (calculated @30%/Annum) from the Due Date till the Final payment Date in addition to the actual due amount.

Payment Failure: A payment is considered ‘Failure’ when the client deliberately/intentionally refuses to release the payment in-spite of project completion or keeps postponing the payment date multiple times even after reminders. Under such circumstances the agency reserves the the right to recover the dues in full (and further damages if any) through Legal Recourse under the Laws of Republic of India. Moreover, the Agency also remains well within their rights to withhold/roll-back/undo the work done by them and/or refuse any further services to the client without any prejudice.

By way of informing the respective client; the agency stands fully indemnified against any action seeked by the client to claim any damages from the agency/us due to Non-Service by the agency arisen from such circumstances.

Project Delivery: Any work shall commence only upon receiving an advance as per agreed amount. All final projects are delivered to the client only after prior clearing of dues in full. All fees and payments received by the Agency as an advance and/or for work done are Non-Refundable by default as to cover the loss of our business and time; unless explicitly specified otherwise in written.

All aforementioned Terms & Conditions are Subjected to Faridabad (Haryana) Jurisdiction under Indian Republic Law.