Terms & Conditions:
WENS Media – A Media Vertical of Wensbridge International Services Private Limited (INDIA)
Last Updated on: 1st January, 2021
Project Acceptance Before the start of a project, you will be provided with a quotation setting out the scope of the work to be performed, an indicative timeline within which the work will be performed and our charges for the work to be performed. A copy of the quotation/CE is to be signed, dated and returned to us to indicate your acceptance, along with proof of your deposit payment. The quotation/CE is valid for 30 days.
Payment: Upon acceptance of the proposal, you will be invoiced / billed minimum of 50% of the quoted amount, Work initiation is purely depends upon realization of payment(s) billed to the customers which is non-refundable therefore, while project completion you will be billed for full and final payment before delivery. Note: Wens Media dispose off all intellectual property, rights, license(s), tangible or non tangible assets which are accumulated during the project to their legal owner(s) only upon realization of full and final payment from customer. All payments are to be made within 7 days of the date of the invoice, without deduction, set-off or demand by NEFT into a bank account nominated by us. We do not accept cash. All amounts not paid within 7 days of the date of the invoice will incur interest at a rate of Prime plus 1% from the due date until the date of payment. In addition, we will be entitled to remove any of our work from any computer systems and/or suspend your access to any services provided by us without notice to you, until all outstanding amounts have been paid in full. Such removal or suspension does not relieve you from Wens Media payment of the outstanding amounts. All invoices include tax at the applicable rate. All services provided and work completed by Wens Media will be invoiced for. Please note that our charges do not cover the release of our copyright design source files. You can purchase these source files at an additional cost.
Scope of Work: We are committed to full extent and effort to deliver the service(s) and product to customer as per agreed or proposed, Beyond the agreement or proposal given by us to customer, We shall charge(s) to the customer(s) or can deny the additional work when not proposed or mentioned in this agreement. The quotation/CE is valid for 30 days.
Terms of Service(s) based on Third Party: We acknowledge that you may require the use of third-party service providers, for example, online payment processing services. We will ensure that the required third party products or services are integrated into the project, but we can’t be held responsible for any issues which you may experience with the third party service provider, the products or services provided by the third party service provider, or any problems created by the third party products or services in relation to our work. To the fullest extent permissible in law, we will not be liable for and you hereby indemnify us against any claims, losses damages liability and/on costs of any kind arising out of or in connection with any products on services provided by the third party service provider. Our quotations, unless specified, exclude all third party charges. You will be responsible to pay any third party charges, over and above our charges.
Project Timelines An indicative timeline within which the work will be performed will be set out in the quotation. This timeline gives you an indication of when we will finish the project, but it is not binding on us. The timeline will start running as soon as we have received the 50% deposit, and is dependent on third party service providers perform timely, further you provide us with necessary content in timely manner.
Content Collection You must provide us with all relevant information and content (written and imagery) prior to the start of the project. We may also request additional information and content from you during the course of the project. Written content must be provided to us in an editable format (i.e. either Word or Excel). Please ensure that you have checked all your content prior to handing it to us. Unless our quotation includes copy writing services we will not be liable for any grammar spelling or other content errors. Imagery content must be provided to us via Drop box, mail or flash drive, and must be labeled and categorized correctly. Any images provided to us must be of good quality and size and suitable for the use it is intended. Unless our quotation includes imagery processing services, we will not be liable for any image quality issues. If any information or content is not provided to us within 5 working days of request, the quotation will be increased with 5% for each week that the requested information or content remains outstanding. You must ensure that all content provided to us: – does not infringe any law; – does not infringe any third party’s right, including any intellectual property rights; – does not incite racial hatred or acts of terrorism; – is not obscene, indecent, pornographic, offensive, defamatory or threatening. We retain the right to not include in our work any content which we deem to not comply with the guidelines set out above. In addition, should we use any of your content in our work, and later discover that it does not comply with the guidelines set out above, we will be entitled to remove it from our work. To the fullest extent permissible in law, you hereby indemnify us against any claims losses, damages, liability and/or costs of any kind arising out of or in connection with you providing us with content which does not comply with the guidelines set out above. All intellectual property rights in and to any content provided by you, will remain with you, but you hereby grant us permission to use the content in respect of the project.
Reverts Each project is allocated 2 reverts. This means that you will be entitled to request that 2 sets of reasonable changes be made at no additional cost, before the project is finalized. All requests for changes must be in writing and fall within the scope of the original quotation. Any additional changes requested, over and above the 2 allocated revert, will be charged for at our standard hourly rate. Should no additional requests for changes be made, we will consider the project complete once the 2 reverts has been utilized. Should you not Wens Media use of the 2 reverts within 5 working days of a request by us to do so, we will consider the project complete. Any changes or updates requested after the project has been completed will be charged for at our standard hourly rate.
Project Changes We will not be responsible for any unauthorized changes made by you or any third parties to our work, either during the project or after the project has been completed. To the fullest extent permissible in law, we will not be liable for, and you hereby indemnify us against, any claims losses, damages, liability and/or costs of any kind arising out of, or in connection with, any such changes.
Meetings: Scheduled meeting(s) with you or assign between Wens Media must be conduct on time, Customer be strict advised to inform 24 hours prior before cancellation of schedule.
Websites Please ignore these provisions if your project is not a website project. You must provide us with all necessary access to computer systems and other locations, as required by us, in order to complete the website project, including the necessary read/write permissions, usernames and passwords. If you are setting up an ecommerce website, we offer a basic administrative support service to help facilitate the ecommerce/merchant application. We can’t guarantee the time frame within which the application will be processed or whether it will be granted at all. You will be responsible to pay the cost of the application, over and above our charges. We offer limited hosting services through an out-sourced virtual server. While we run regular back-ups of websites that we host and will endeavor to provide a continuous service, we are unable to control the out-sourced virtual server, and as such, we are not able to guarantee continuous service and can’t accept liability for loss of service or business whatever the cause. Our websites are developed to certain software standards, determined by our development environment on the day of release. These standards are in place to ensure stability of the hosting platform. The following server software specifications are recommended: Linux Server OS – running a version of Apache that supports PHP v5.6 and MySQL 5.5 or newer.
Website Domains If you require us to register a website domain on your behalf, this will be done under our company name and profile for administrative purposes. The domain belongs to you and can be transferred to you if required, provided that you do not owe us any money. Please note that we can’t guarantee the availability of a domain name.
Intellectual Property Unless otherwise agreed by us in writing:
- All intellectual property rights in and to any work produced by us, will remain with us, and we hereby grant you a non-exclusive license to use such intellectual property rights solely in respect of the project and not for any other purpose;
- Our work may not be modified, replicated, mimicked, re-used or re-distrusted in any way or form without our prior written consent.
- This includes all open/source files for active and completed projects.
Design Credits You hereby agree to allow us to place a credit on all work performed or produced by us, which credits the development of the work.
Personal Information You hereby acknowledge that any personal information supplied to us is provided voluntarily and should you choose not to provide such information, it may not be possible for us to perform the work you requested. You hereby consent to us processing your personal information for the purposes of performing the work you requested. We will provide sufficient technical security and organizational measures to protect the information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
No Warranties To the fullest extent permissible in law, we do not provide any warranties of any kind, express or implied, in respect of any products or services provided by us.
General Limitation of Liability While we endeavor to produce the best quality work, to the fullest extent permissible in law, we will not be liable for any claims, losses, liability and/or posts of any kind arising out of, or in connection with, any work provided by us, unless caused by our gross negligence or willful act or commission. Without detracting from the generality of the limitation of liability set out above, it is specifically stated that we will not be liable for any claims, losses, damages, liability and/or costs of any kind arising out of or in connection with:
- Any post made by us on your behalf on any social media platform;
- Changes in technology, third party threats or any other advancements or software deprecation that may materialize post project completion;
- Software corruption based on security breaches, software incompatibilities due to lack of maintenance or unforeseen changes in third party software, unless a prior written agreement was reached with us to provide maintenance services to you.
General Indemnity To the fullest extent permissible in law, you hereby indemnify us against any claims losses, damages, liability and/or costs of any kind arising out of or in connection with, any products or services provided by us. Without detracting from the generality of the limitation of liability set out above, it is specifically stated that indemnify us against any claims, losses damages, liability and/or costs of any kind arising out of or in connection with, any post made by us on your behalf on any social media platform.
Circumstances outside Our Control we will not be liable for any breach of these terms and conditions, a delay in performing, or failure to perform if such breach delays or failure results from events, circumstances or causes which fall outside our reasonable control.
Breach Should you breach any of these terms and conditions, and we are forced to employ the services of an attorney, advocate or tracing agent to take legal action against you, then you will be liable for all our costs incurred in this regard.
Termination You may request us to cease all work on the project by giving us 2 days written notice, which will be effective from the date that we received your written notice. Should you terminate our services before completion of the project, you will be sent an invoice for all the work performed up and to the date on which we received the termination notice. In addition to any other rights which we may have under law or these terms and conditions, we may terminate the project by giving you written notice, if you have breached these terms and conditions and remain in breach for a period of 3 working days after we have notified you of the breach. Should we terminate the project, you will be sent an invoice for all the work performed up and to the date on which we terminated the project.
Google Keywords is organically optimized in Google My Business service of Google, Which is committed by WENS Media that will remain valid and on first page of Google till 1 year from signing of contract. Please Note: This is third party service organically being optimized by our agency is valid until third party continues the service and do not change its policy.
Whole Agreement This is the whole agreement between you and us and no amendment, deletion or addition will be valid unless it is in writing and agreed to by both of us. These terms and conditions replace any other discussions, agreements and/or understandings between you and us regarding the subject matter of these terms and conditions. Wens Media update its terms of service time to time, you may get updated or not but latest terms of service published by Wens Media is binding to customer.