Terms & Conditions

TERMS & CONDITIONS

1.1 – The Great Indian Studio" shall mean The Great Indian Studio Pvt Ltd, its assigns, representatives, executors, administrators or any person acting on behalf of and with the authority of The Great Indian Studio

1.2 – “Client” shall mean the Client (assigns, representatives, executors, administrators or any person acting on behalf of and with the authority of the Client) as described on any quotation, offer, work authorisation or in any other form as provided by The Great Indian Studio to the Client.

1.3 – “Goods” shall mean Goods supplied by The Great Indian Studio to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the offer, invoices, quotation, work authorisation, on www.thegreatindianstudio.com or any other forms as provided by The Great Indian Studio to the Client.

1.4 – “Services” shall mean all Services supplied and Services rendered by The Great Indian Studio to the Client and includes any consultation, advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.5 – “Price” shall mean the payment for the services or goods as agreed in a verbal or oral agreement between The Great Indian Studio and the Client.

2. Acceptance

2.1- Any instructions or directions received by The Great Indian Studio from the Client for the supply of services or goods and/or the Client’s acceptance of services or goods supplied by The Great Indian Studio shall constitute, establish acceptance of the terms and conditions contained herein.

2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of The Great Indian Studio or vide special agreement between The Great Indian Studio and the Client(s).

2.4 – A prior written notice shall be given to The Great Indian Studio by the client, not less than Thirty (30) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, contact details, or business practice).

3. Price And Payment

3.1 – At The Great Indian Studio, the sole discretion the Price shall be either:

(a) as indicated on invoices provided by The Great Indian Studio to the Client in respect of services or goods supplied; or

(b) The Great Indian Studios quoted Price which shall be binding for thirty (30) days. or

3.2 – The Great Indian Studio reserves the right to change the Price in the event of a variation to The Great Indian Studio’s quotation.

3.3 – At The Great Indian Studio’s sole discretion a 50% non refundable deposit may be required and 100% advance payment will be required for Digital Goods or Services while ordering the same on www.thegreatindianstudio.com

3.4 – At The Great Indian Studio’s sole discretion:

(a) payment shall be due prior to delivery of the services or goods or as agreed explicitly between The Great Indian Studio and the Client; or

(b) payment for approved Clients shall be made by instalments in accordance with The Great Indian Studio's payment schedule.

3.5 – Time for payment for the services or goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fifteen (15) days following the date of the invoice.

3.6 – Payment will be made by cash, credit card, googlepay, paytm, phonepe, paypal, by cheque, or by bank cheque, or by direct credit, or by any payment gateway available on www.thegreatindianstudio.com or by any other method as agreed to between the Client and The Great Indian Studio.

3.7- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3.8 - The Great Indian Studio shall take no responsiblity for any failed or incomplete transaction of payment done on www.thegreatindianstudio.com . The same needs to be taken care by client and the respective bank or Card issuer.

4. Delivery Of Services and Goods

4.1 – At The Great Indian Studio’s sole discretion delivery of the services or goods shall take place when:

(a) the Client takes possession of the services or goods at The Great Indian Studio’s address; or

(b) the Client takes possession of the services or goods at the Client’s mentioned address (in the event that the services or goods are delivered by The Great Indian Studio’s nominated carrier).

(d) the Client takes possession of the goods or services on the provided email address.

4.2- At The Great Indian Studio’s sole discretion the costs of delivery are:

(a) in addition to the Price; or

(b) for the Client’s account.

4.3 – The Client shall make all arrangements necessary to take delivery of the services or goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the services or goods as arranged then The Great Indian Studio’s shall be entitled to charge a reasonable fee for redelivery.

4.4 – Delivery of the services or goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement or as expressly agreed by and between The Great Indian Studio and the Client.

4.5 – The Great Indian Studio shall not be liable for any loss or damage whatever due to failure by The Great Indian Studio to deliver the services or goods (or any of them) promptly or at all.

4.6 - The Great Indian Studio shall not be liable for any delay or no delivery of goods & services caused due to the incorrect email address or physical address provided by the client.

5. Content Of the ___________ Undertakings

5.1 – The Client is solely responsible for the content of the ___________ undertakings. The Great Indian Studio is not responsible for proofreading any content unless specifically agreed in writing or nby an agreement. Any spelling errors will be the sole responsibility of the client.

5.2 – The Great Indian Studio makes no representations to the Client on the functionality or content of the _________

5.3 – The Client is solely responsible for dealings with persons accessing the _______?_________and the Client warrants that they will not refer complaints or inquiries to such data to The Great Indian Studio.

7. Risk

7.1- If The Great Indian Studio retains ownership of the services or goods nonetheless, all risk for the services or goods passes to the Client on delivery.

8. Title

8.1 – The Great Indian Studio and Client agree that ownership and intellectual property of the services or goods shall not pass until:

(a) the Client has paid The Great Indian Studio all amounts owing for the particular services or goods; and

(b) the Client has met all other obligations due by the Client to The Great Indian Studio in respect of all contracts between The Great Indian Studio and the Client.

8.2 – Receipt by The Great Indian Studio of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then The Great Indian Studio’s ownership or rights in respect of the services or goods shall continue.

8.3 – It is further agreed that:

(a) where practicable the services or goods shall be kept separate and identifiable until The Great Indian Studio shall have received payment and all other obligations of the Client are met; and

(b) until such time as ownership of the services or goods shall pass from The Great Indian Studio to the Client The Great Indian Studio may give notice in writing to the Client to return the services or goods or any of them to The Great Indian Studio. Upon such notice the rights of the Client to obtain ownership or any other interest in the services or goods shall cease; and

(c) The Great Indian Studio shall have the right of stopping the services or goods in transit whether or not delivery has been made; and

(d) if the Client fails to return the services or goods to The Great Indian Studio then The Great Indian Studio or The Great Indian Studio's agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the services or goods are situated and take possession of the services or goods; and

(e) the Client is only a bailee of the Goods and until such time as The Great Indian Studio has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the services or goods on trust for The Great Indian Studio; and

(f) the Client shall not deal with the money of The Great Indian Studio in any way which may be adverse to The Great Indian Studio; and

(g) the Client shall not charge the services or goods in any way nor grant nor otherwise give any interest in the services or goods while they remain the property of The Great Indian Studio; and

(h) The Great Indian Studio can issue proceedings to recover the Price of the services or goods sold notwithstanding that ownership of the services or goods may not have passed to the Client; and

(i) until such time that ownership in the services or goods passes to the Client, if the services or goods are converted into other products, the parties agree that The Great Indian Studio will be the owner of the end products.

9. Client’s Disclaimer

9.1- The Client hereby disclaims any right to rescind, or cancel any contract with The Great Indian Studio or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by The Great Indian Studio and the Client acknowledges that the services or goods are bought relying solely upon the Client’s skill and judgement.

10. Defects

10.1- The Client shall inspect the services or goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify The Great Indian Studio of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford The Great Indian Studio an opportunity to inspect the services or goods within a reasonable time following delivery if the Client believes the services or goods are defective in any way. If the Client shall fail to comply with these provisions the services or goods shall be presumed to be free from any defect or damage. For defective services or goods, which The Great Indian Studio has agreed in writing that the Client is entitled to reject, The Great Indian Studio’s liability is limited to either (at The Great Indian Studio’s discretion) replacing the services or goods or repairing the Goods.

10.2- Services or goods will not be accepted for return.

12. Intellectual Property

12.1 – Where photos are purchased by The Great Indian Studio from a third party for the use for either print or web it is the responsibility of the client to alert The Great Indian Studio Creative when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. The Great Indian Studio takes no responsibility for renewal of these images once they have expired.

12.2 – The Client warrants that all designs or instructions to The Great Indian Studio will not cause The Great Indian Studio to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify The Great Indian Studio against any action taken by a third party against The Great Indian Studio in respect of any such infringement.

13. Default & Consequences of Default

13.1- If the Client defaults in payment of any invoice when due, the Client shall indemnify The Great Indian Studio from and against all costs and disbursements incurred by The Great Indian Studio in pursuing the debt including legal costs on a solicitor and own client basis and The Great Indian Studio’s collection agency costs.

13.2 – Without prejudice to any other remedies The Great Indian Studio may have, if at any time the Client is in breach of any obligation (including those relating to payment), The Great Indian Studio may suspend or terminate the supply of services or goods to the Client and any of its other obligations under the terms and conditions. The Great Indian Studio will not be liable to the Client for any loss or damage the Client suffers because The Great Indian Studio has exercised its rights under this clause.

13.3 – Without prejudice to The Great Indian Studio’s other remedies at law The Great Indian Studio shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to The Great Indian Studio shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to The Great Indian Studio becomes overdue, or in The Great Indian Studio’s opinion the Client will be unable to meet its payments as they fall due; or

(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

13.4 – The Great Indian Studio retains the right to add a link on any website it designs and builds with its wording at The Great Indian Studio discretion with the link back to the The Great Indian Studio home page.

13.5 - The Great Indian Studio retains the right to add a watermark of "The Great Indian Studio" on all or any designs made for the Client.

13.6 - The Great Indian Studio retains the right to use all or any designs made for the client in The Great Indian Studio's all promotional & marketing activities including website, social media platforms and all outdoor, print and broadcast media advertisements.

14. Suspension Of Services

14.1 – The Great Indian Studio reserves the right to suspend services or goods in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.

15. Cancellation

15.1 – The Great Indian Studio may discontinue services or goods if an amount payable to The Great Indian Studio is overdue or take down a website or application permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, The Great Indian Studio will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by The Great Indian Studio. The Great Indian Studio reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. The Great Indian Studio shall not be liable for any loss or damage whatever arising from such cancellation.

15.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by The Great Indian Studio (including, but not limited to, any loss of profits) up to the time of cancellation.

17. General

17.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.3 – The Great Indian Studio shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by The Great Indian Studio of these terms and conditions.

17.4 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by The Great Indian Studio.

17.5 – The Great Indian Studio may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

17.6 – The Great Indian Studio reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which The Great Indian Studio notifies the Client of such change.

17.7 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

17.8 – The failure by The Great Indian Studio to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect The Great Indian Studio’s right to subsequently enforce that provision.

17.9 - All prices quoted are valid for 30 days only from the date of written quotation.

17.10 - If the client has made no contact with The Great Indian Studio office for a period of more than 1 month after the project and or any design work has commenced, The Great Indian Studio reserves the right to re-quote the entire project.

17.11 - If any project exceeds a period of more than 6 months, The Great Indian Studio reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.

19. Client Responsibilities and Obligations:

You must follow all instructions provided by The Great Indian Studio and provide to The Great Indian Studio, in a timely manner, all information and materials requested by The Great Indian Studio.

The Great Indian Studio will request feedback and changes at certain stages of undertaking the process of designing and developing the undertaking. These changes and amends must be sent to The Great Indian Studio in a timely manner. Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.

As soon as the undertaking is handed over to you, any further work or changes will result in you incurring additional costs, unless otherwise specified.

20. Project Timelines:

The Great Indian Studio will provide you with an estimate that the undertaking can be designed and built.

This time frame is an estimation only.

You must make every effort to follow the instructions provided by The Great Indian Studio and provide the required information to The Great Indian Studio in order to facilitate delivery times and correct specifications.

Delays in providing the required information to The Great Indian Studio may result in delays in product delivery.

The Great Indian Studio will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

If you require The Great Indian Studio to make changes to the undertaking after it is handed over to you, you will be required to pay for this work at an agreed quoted fee or our hourly rate. All work must be paid for upfront.

21. Content + Design Restrictions

The Great Indian Studio include a "fair" and "reasonable" set number of rounds of changes (3 rounds) during its Graphic Design, website or application design + development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.

For Digital Goods & Services purchased from www.thegreatindianstudio.com, the displayed design sample will be the final design and no round of changes shall be provided for the design. Alterations or additions to such design will incur additional costs.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. Unless agreed to at the beginning of the project.

Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.

22. Suspension of Services:

The Great Indian Studio reserves the right to suspend/cancel any or all services or goods provided to you, if:–

You have any outstanding invoices or accounts;

Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;

You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by The Great Indian Studio.

23. Refund Policy

Once we have commenced work on your project no refund is available on the deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or designer from The Great Indian Studio, the commencement of designs/wireframes/prototypes by The Great Indian Studio Creative for your project, the commencement of design concepts by The Great Indian Studio Creative for your project and other work undertaken by The Great Indian Studio in relation to your project.