Terms and Conditions
Welcome to NewBranding! These terms and conditions outline the rules and regulations for the use of our website, services, and all related content. By accessing this website and engaging with our services, you agree to comply with these terms and conditions. It is crucial that you read this document carefully to understand your rights and obligations. If you do not agree with any part of these terms, we advise you to discontinue using our website and refrain from engaging with our services. As a professional branding agency, NewBranding offers a wide range of creative solutions, including brand development, design services, and strategic consultations. Our terms ensure that the services provided are clearly understood and that both parties (the client and NewBranding) have a shared expectation of how the partnership will function.
NewBranding reserves the right to amend these terms and conditions at any time. Any changes will be posted on this page and, where appropriate, notified to you via email. We recommend that you review this page periodically to stay informed of any updates. Continued use of the website or our services after such changes will constitute your acknowledgment and acceptance of the modified terms and conditions. NewBranding’s mission is to offer top-tier branding services that resonate with your business goals while ensuring clarity and professionalism in all our interactions.
1. Service Agreement
The Service Agreement between NewBranding and the client outlines the specific services to be provided, including the scope of work, timelines, and payment terms. This agreement is the foundation for all projects and will detail the responsibilities of both parties. NewBranding agrees to perform the work as described, ensuring that all deliverables meet the agreed-upon standards of quality and creativity. It is crucial that both parties communicate clearly and promptly to ensure a smooth and successful completion of the project. Should there be any delays, changes in scope, or unforeseen challenges, both parties must work collaboratively to resolve them.
This Service Agreement is legally binding and designed to protect the interests of both NewBranding and the client. It is imperative that all services are clearly defined before the project begins, including deadlines, deliverables, and expectations for revisions. The client is encouraged to review the Service Agreement carefully before signing to ensure that all aspects of the project are clear. Any additional work or services requested beyond the original scope may result in additional fees, and will be addressed in an amended agreement or an addendum to the original contract.
2. User Responsibilities
As a client or user of our services, you hold certain responsibilities to ensure the success of the project. One of your primary responsibilities is to provide accurate, timely, and complete information about your business, goals, and branding vision. NewBranding’s ability to create effective branding solutions relies heavily on the input and feedback we receive from you. If you delay in providing necessary materials, fail to communicate effectively, or provide inaccurate information, this may lead to delays or additional costs, for which you, as the client, will be responsible.
You are also responsible for reviewing all deliverables provided by NewBranding in a timely manner and giving constructive feedback to guide the creative process. Failure to review or approve materials within the agreed-upon timeframe may delay the overall project. Additionally, as a client, you agree not to use our services for any unlawful or unethical purposes. Any misuse of the services provided by NewBranding will result in immediate termination of the project, and you may be held liable for any damages or losses incurred by us as a result of such actions.
3. Payment Terms
Payment terms are clearly outlined in the Service Agreement and are binding once the project begins. NewBranding requires an initial deposit before starting work, with the remaining balance due upon completion of the project. In some cases, we may agree to a payment schedule that breaks the total cost into installments, which will be outlined in the agreement. The client is expected to make payments on time, and failure to do so may result in delays to the project, suspension of services, or legal action if necessary.
All payments are non-refundable once work has commenced unless otherwise agreed upon in writing. If a client decides to terminate the project midway, they are still responsible for paying for any work completed up to the point of termination. NewBranding reserves the right to charge interest on any overdue payments and may take legal action to recover unpaid balances if necessary. Any additional services or modifications requested beyond the original scope of work may incur extra charges, and these will be discussed and agreed upon before proceeding.
4. Intellectual Property
Upon completion and full payment of the project, NewBranding transfers ownership of the intellectual property rights for the final deliverables to the client. This includes logos, branding materials, and any other assets specifically created for the client as part of the project. However, NewBranding retains the right to use any of the designs and materials created in our portfolio, promotional materials, and case studies unless a specific confidentiality agreement is in place that prevents us from doing so.
It is important to note that intellectual property rights are only transferred once full payment has been received. Until that time, all work created by NewBranding remains the property of our agency. The client agrees not to modify, sell, or distribute any of the materials provided by NewBranding without proper authorization. Additionally, any work created by NewBranding that is not finalized and delivered to the client remains the intellectual property of NewBranding and cannot be used by the client.
5. Confidentiality
Both NewBranding and the client agree to maintain confidentiality regarding any sensitive information shared during the course of the project. This includes business strategies, trade secrets, and any proprietary information that is not publicly available. We understand that privacy is critical in branding, and we take every measure to ensure that confidential information is protected.
The client agrees not to share any details about the project, including draft designs, strategies, or other proprietary materials, with third parties without the explicit consent of NewBranding. Likewise, NewBranding agrees not to disclose any confidential client information to third parties, unless required by law. This confidentiality agreement remains in effect even after the project is completed, ensuring ongoing protection for both parties.
6. Termination of Services
Either party has the right to terminate the service agreement at any time, with or without cause, by providing written notice. If the client terminates the project after work has commenced, they are still responsible for paying for any work completed up to that point. Any deposits or prepayments made prior to the termination are non-refundable.
NewBranding reserves the right to terminate the service agreement if the client violates these terms and conditions, fails to provide necessary information or materials, or engages in behavior that hinders the completion of the project. In the event of termination by NewBranding, the client will be provided with all completed work up to the point of termination, and any remaining balance due will be invoiced accordingly.
7. Limitation of Liability
NewBranding will not be held liable for any indirect, incidental, or consequential damages that arise from the use of our services. This includes, but is not limited to, loss of profits, business opportunities, or data. Our liability is limited to the total amount paid by the client for the services provided. In the event that any issues arise, NewBranding will work diligently to resolve them in a timely and professional manner, but we cannot guarantee specific results or outcomes.
While we take every precaution to deliver high-quality work, NewBranding is not responsible for any damages that occur as a result of the client’s use of the deliverables. Clients are encouraged to review all materials thoroughly before use, and we recommend seeking legal or professional advice if necessary to ensure compliance with applicable laws and regulations.
8. Dispute Resolution
In the event of a dispute between NewBranding and the client, both parties agree to make a good-faith effort to resolve the issue through negotiation. If a resolution cannot be reached, the dispute will be submitted to arbitration in accordance with Indian law. The arbitration process is designed to be fair and impartial, and the decision of the arbitrator will be binding on both parties.
The cost of arbitration will be shared equally by both parties unless otherwise determined by the arbitrator. This dispute resolution process applies to any disagreements that arise from these terms and conditions, as well as any disputes related to the service agreement or project deliverables. We strive to maintain positive working relationships with all of our clients, and our goal is to resolve any issues amicably and professionally.
9. Force Majeure
NewBranding will not be held liable for any delays or failures in performance caused by events beyond our reasonable control. These events, also known as force majeure events, include but are not limited to acts of God, natural disasters, technical issues, strikes, or government actions. In the event of a force majeure situation, both parties agree to work together to minimize the impact and resume normal operations as soon as possible.
If the force majeure event continues for an extended period, either party may choose to terminate the service agreement without penalty. NewBranding will provide the client with any completed work up to the point of termination, and the client will be responsible for paying for any services rendered prior to the force majeure event.
10. Governing Law
These terms and conditions, as well as the service agreement, are governed by the laws of India. Any disputes or legal proceedings related to these terms will be subject to the jurisdiction of the courts located in New Delhi, India. By engaging with NewBranding, you agree to submit to the jurisdiction of these courts for the resolution of any legal matters.
We encourage clients to seek legal advice if they have any concerns about the governing law or jurisdiction. NewBranding strives to comply with all applicable laws and regulations, and we take our legal obligations seriously. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11. Client Approval
All work produced by NewBranding must be reviewed and approved by the client before final delivery. We rely on the client’s feedback to ensure that the deliverables meet their expectations, and we encourage open communication throughout the project. Once the client approves the work, it is considered final, and any changes requested after approval may incur additional charges.
The approval process is a critical part of the creative workflow, and clients are responsible for thoroughly reviewing all materials before giving their final approval. This includes checking for accuracy, completeness, and alignment with the original project goals. If any issues are identified after approval, NewBranding will work with the client to resolve them, but additional costs may apply.
12. Revisions
NewBranding allows a specified number of revisions as outlined in the service agreement. These revisions are included in the project cost and are intended to fine-tune the deliverables based on client feedback. Once the included revisions are exhausted, any additional changes will be subject to extra charges. The number of included revisions varies depending on the scope and complexity of the project, and will be clearly defined in the service agreement.
We encourage clients to provide detailed and constructive feedback during the revision process to ensure that the final deliverables meet their expectations. Our goal is to deliver high-quality work that aligns with the client’s vision, and the revision process is an essential part of achieving that goal. However, it is important to note that excessive revisions beyond the agreed-upon scope may lead to delays and additional costs.
13. Service Modifications
NewBranding reserves the right to modify or discontinue any of our services at any time, with or without notice. We strive to provide the highest level of service to all of our clients, but there may be situations where certain services are no longer available or need to be modified. In the event of any changes to our services, we will make every effort to notify affected clients in advance and provide alternative solutions where possible.
Clients who are in the middle of a project will not be affected by service modifications, and any changes will only apply to new projects or clients. If a service is discontinued, NewBranding will work with the client to transition to an alternative solution or provide a refund for any unused services.
14. Third-Party Services
In some cases, NewBranding may collaborate with third-party vendors or partners to provide certain aspects of our services. These third-party providers are carefully selected to ensure that they meet our high standards of quality and professionalism. However, NewBranding is not responsible for the actions or services of these third-party providers, and any issues that arise as a result of their involvement must be addressed directly with the provider.
Clients should be aware that third-party services may be subject to their own terms and conditions, and it is the client’s responsibility to review and comply with those terms. NewBranding will make every effort to ensure that third-party services are seamlessly integrated into the project, but we cannot guarantee the performance or availability of third-party providers.
15. Contact Information
If you have any questions or concerns about these terms and conditions, or if you need further clarification about any aspect of our services, please do not hesitate to contact us. We are committed to providing transparent and professional service to all of our clients, and we welcome your feedback and inquiries.
Contact Information: Phone: +91-37465-57357 Email: [email protected] Address: 211, Block EB, Maya Enclave, Hari Nagar, New Delhi, Delhi, 110064