Terms and Conditions

In accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the terms and conditions of usage of www.wemakebrands.com website.

The domain name www.wemakebrands.com (hereinafter referred to as “Website”) is owned by [] (hereinafter referred to as “WMB”).

Your access of the Website, services and tools are governed by the following terms and conditions (“Terms and Conditions”).Your usage of the Website indicates that you are contracting with WMB and these terms and conditions impose binding obligations on you. We urge you to read the Terms and Conditions carefully before you proceed to use the Website,

In this document,  “you”, “your” or “user” shall mean any natural or legal person , who is competent to contract under the Indian Contract Act 1872, who has agreed to avail any service through WMB.

WMB reserves the right, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you. Please review the Terms and Conditions periodically for keeping abreast of the changes.

Entire Agreement

The services provided by WMB are subject to these terms and conditions, which (together with formal quote shared with you) set out the entire understanding and agreement between us.

Fees and Costs

As a consideration for providing the services, you must pay all fees, charges and costs set out in quote given to you.

·     In the even WMB is required to carry out work which is not included in the initial quote or any elements of the service require additional time.WMB will advise you of the additional services and additional fees required before providing you with the additional services.   

        Invoicing and Payments

 
 Our fees for providing any service will be included in the quote shared with you. We would commence the work after [50%] advance payment is received and the balance shall be payable forthwith after the completion of the assignment. We shall raise the invoice for the services provided within 2 working days from the completion of work or as may be discussed with you otherwise.

·         All invoices raised by WMB shall be payable by you within [15] days from the date of the invoice.

·         In the event, we commence work prior to receiving payment; the same shall not in any manner prejudice our right to seek payment.

Intellectual property rights

·         All the Intellectual Property Rights (which shall mean and include all present and future rights conferred by statute, common law or equity in or in relation to any copyright, know-how, trade marks (whether registered or not), business names (whether or not registered), domain names, inventions, discoveries, patents, patent applications, designs, circuit layouts and all other intellectual property) in all creation files, working files, artwork and other documents provided by us in connection with the services vests in us on its creation. 

·         Upon full payment of our fees, we will assign to you all Intellectual Property Rights in the particular project that we have executed for you. However, this will exclude any Intellectual Property Rights that we have developed independently prior to entering into an agreement with you for an assignment.  except in relation to any of our Background IP. Further, the Intellectual Property Rights transferred us by will not include any licences (such as image licences) or other Intellectual Property Rights that we are not able to assign.

·         We shall have the right to display all the designs, logos and branding created for you on our website and our marketing material.

·         Please note that in the event we are using images from a third party source, such images may be subject to a licence agreement between us and a third party. The license may affect your right to use the images independently.

Representation and Warranties

You represent and warrant that any material provided by you is free and clear of all liens and encumbrances and may be lawfully used by us and our use of the same will not infringe the right of others including, and without limitation, any copyright, patent or trade mark rights of any third party.

Limitation of Liability

·      The WMB,  its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Website or WMB,  for any claim, loss or injury caused to you.

·         If you are not satisfied with our services, we will discuss whether we are in a position to offer you a refund or supply you fresh services. However, you agree not to make any claim against WMB, due to or arising out of our provision of the services to you.

Non-solicitation

For a period of one year after the completion of any assignment, you will not, directly or indirectly solicit without written approval from WMB any employees, contractors, or consultants of WMB. In the event of any breach of this condition by you, WMB reserves the right to seek immediate and appropriate injunctive relief without showing any irreparable injury or damage.

Indemnity

You agree that you will indemnify and hold WMB harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of any act done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this document any infringement by you of third-party Intellectual Property Rights, and/or any breach by you of any of the terms of these Terms and Conditions.

Confidentiality

·  You  undertake to keep secret and not to disclose any confidential information pertaining to WMB which comes to your notice other than information already in the public domain and not to use it for any purpose other. Confidential information shall include, but not be limited to, details of its fees, costs and unused work and concepts that it has produced.

· WMB shall not use and not disclose any confidential information pertaining to you which comes to its notice other than information already in the public domain. Confidential information shall include, but not be limited to, information and data relating to you, your business, employees, financial performance and results.

Suspension & Termination

WMB shall suspend the performance of services if and for so long as you shall be in breach of any of its obligations or you are in arrears on any payment which is due and payable to WMB. In the event of continuance of such non payment or breach, WMB has the right to terminate the services and raise an invoice to you requesting for the payment for the work done until termination.

Governing Law & Jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with the laws of the India, and you submit to the non-exclusive jurisdiction of the courts and tribunals in New Delhi  for the resolution of any disputes.