Vara Brands’s Terms and Conditions

The following Terms and Conditions of Service apply to all products and services provided by Vara Brands (hereinafter referred to as Vara Brands) and in the event of any dispute are governed by the laws of India.

All work is carried out by Vara Brands on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by Vara Brands on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all, costs have been settled.

If a choice of design is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Vara Brands unless specifically agreed in writing.

 

Project Acceptance

At the time of the proposal, Vara Brands will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Vara Brands website.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Vara Brands.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, the Vara Brands Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.

 

Design Charges

Project work will start after an advance payment of 60% (non-refundable) and the rest 40% is expected at work compilation.

 

Charges for design services to be provided by Vara Brands will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of Sixty Percent (60%) of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of Sixty Percent (60%) of the project quotation total before the work commences or is supplied to the Client for review. The remaining Forty Percent (40%) of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

 

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.

Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, PSD, AI, png, fla, Aep, Prproj or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.

 

Revisions

One revision will be free of cost on all projects after one revision client will be charged. 

Revision, even first will be charged after 30 days of delivery.

 

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Payment

The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to Vara Brands.

Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur a late payment interest charge at the Bank of HDFC Base Rate plus 8% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer, PhonePe, GooglePay, BHIM, PayTM, credit card (Visa, Mastercard) or Debit Card.

Payments made by cheque must be previously agreed and may be subject to an administration charge. Cheques should not be sent in regular mail unless sent recorded delivery.

Publication and/or release of work done by Vara Brands on behalf of the client, may not take place before cleared funds have been received.

Returned cheques will incur an additional fee of 500 INR per returned cheque. Vara Brands reserves the right to consider an account to be in default in the event of a returned cheque.

 

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Vara Brands shall be entitled to remove Vara Brands’s and/or the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount.

Customers whose accounts become default agree to pay all Vara Brands’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

 

Copyrights and Trademarks

By supplying text, images and other data to Vara Brands for inclusion in the customer’s website/Email/WhatsApp/Cloud Service/Personally or another medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Vara Brands on behalf of the customer, will remain the property of Vara Brands and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from Vara Brands, the necessary permission to use materials (for which Vara Brands holds the copyright) in forms other than for which it was originally supplied, and Vara Brands may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

 

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Vara Brands.

By supplying images, text, or any other data to Vara Brands, the customer grants Vara Brands permission to use this material freely in the pursuit of the design.

Should Vara Brands, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Vara Brands to remove and/or replace the file on the site.

 

The customer agrees to fully indemnify and hold Vara Brands free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Copyrights Notification Guidelines

Vara Brands respects third party’s copyrights, and it is our policy to respond to notifications about copyrights infringement as established by applicable regulations. Once the notification complying with these Guidelines is received, Vara Brands may remove or disable access to the allegedly infringing material.If you believe someone violates your copyright or trademark rights through Vara Brands website and you do not wish to authorize us to continue to use said content, or if you are requesting us to remove a specific file that you have authority over, you must notify us in writing in order for us to identify the allegedly infringing content so that we may investigate and take any necessary action. Copyrights infringement notifications must meet the following requirements:

 

• The handwritten or electronic signature of the person submitting the notification.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a list of such works.

• The specific description of how your intellectual property rights are allegedly infringed, and to tell us what action you want us to take (for example, remove the material completely, partially remove it, modify it, etc.).

• Identification of the materials that are claimed to be infringing and that are to be removed or access to which is to be disabled, and information reasonably sufficient to allow Vara Brands to locate that material.

• Your contact information, including your name, address, phone number and email address.

• A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner or the law. Before submitting notifications, please carefully consider whether the use of copyrighted content is protected under the principle of fair use. If you are not in the infringed situation and submitted the notifications, you may have to pay the relevant costs and legal fees. Vara Brands will follow the procedures provided by applicable regulations to ensure compliance with copyrights. Our response may include removing or disabling access to the material claimed to be infringing. We may also try to notify the alleged infringer, who may make a counter notification pursuant to the DMCA. If so, we may reinstate the material in question.

Vara Brands Copyright Contact Information: +919372700779

by email: hello@vara-brands.com

 

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that Vara Brands holds no responsibility for any amendments made by any third party, before or after a design is published.

 

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Vara Brands, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Vara Brands and any of its relevant sub-contractors.

All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

Vara Brands will not be held responsible for any and all damages resulting from such claims.

Vara Brands is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Vara Brands responsible for any such loss or damage.

Any claim against Vara Brands shall be limited to the relevant fee(s) paid by the customer.

 

Data Formats

The client agrees to Vara Brands’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Vara Brands in electronic format as standard text (.txt), MS Word (.docx), Google Docs/Sheets or via e-mail / FTP or shared folder.

Images that are supplied in an electronic format are to be provided in a format as prescribed by Vara Brands via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Vara Brands will not be held responsible for any image quality which the client later deems to be unacceptable.

Vara Brands cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images

 

Design Project Duration

Any indication given by Vara Brands of a design project’s duration is to be considered by the customer to be an estimation. Vara Brands cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Vara Brands for the initial payment or by date confirmed in writing by Vara Brands.

Rights of Access for Website Construction

The client agrees to allow Vara Brands all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames, and passwords.

The customer also agrees to allow Vara Brands access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Vara Brands with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Vara Brands considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, film work, website uploading, publishing, etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website design only

Vara Brands requires that a template/design/concepts is approved by the customer before coding a site commences. Once the template/design/idea(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template/design/concept(s) will incur an additional charge.

Once web design is complete, Vara Brands will provide the customer with the opportunity to review the resulting work. Vara Brands will make one set of minor changes at no extra cost within 7 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Vara Brands by email.

Vara Brands will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 7 days of the start of the review period.

Hosting websites

Vara Brands offers limited hosting services through an out-sourced virtual server. Vara Brands does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

Vara Brands may request that clients change the type of hosting account used if that account is deemed by Vara Brands to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Vara Brands’s virtual server are due at the commencement of any period of service and are non-refundable.

Fees due to third party hosting organizations are the responsibility of the client and Vara Brands is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer/domain owner.

Domain Registration

Vara Brands cannot guarantee the availability of any domain name. Where Vara Brands is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

 

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Vara Brands cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Vara Brands recommends that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

 

Design Credits

The customer agrees to allow Vara Brands to place a small credit on printed material exhibition displays, advertisements, Video, Creatives and/or a link to Vara Brands own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Vara Brands to place websites and other designs, along with a link to the client’s site on Vara Brands’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

We retain the right to display graphics and other web content elements as examples of work in our portfolio and as content features in other projects.

Rights of Refusal

Vara Brands will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene, adult content or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Vara Brands also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Vara Brands does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Vara Brands to remove the contravention without hindrance, or penalty. Vara Brands is to be held in no way responsible for any such data being included.

 

Registration

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should Vara Brands have reasons to suspect it, Vara Brands reserves the right to suspend or cancel the User’s account. The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform Vara Brands. Vara Brands may suspend or cancel the account of the User if it considers that the User has breached these Terms.

Responsibility

 

The User acknowledges and agrees that uses the Websites and its Services at the User’s own risk and under the User’s responsibility and therefore Vara Brands does not accept any responsibility for misuse or use in breach of these Terms. Vara Brands does not warrant the availability or continuity of the Websites and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.  As way of example and without limitation, Vara Brands’s shall not be liable for any damages that may result from:

• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of telecommunication networks or the User’s equipment which are not Vara Brands’s responsibility.

• Delays or unavailability of the Websites and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid. 

• Third party actions.

• Unavailability of the Websites and the Services due to maintenance or software updates. Any other event beyond Vara Brands’s direct control. Any other event beyond Vara Brands’s direct control. Save for Vara Brands’s wilful misconduct, and those cases in which due specific circumstances of the user involved or the nature of the matter, applicable law provides that liability cannot be limited by agreement, the use of the website and the services is at the sole risk of the user and the services is at the sole risk of the user and Vara Brands shall not be liable for any damage of any kind caused to the user as a result of using the website and the services.

 

Cancellation

We work hard to process and complete your project work quickly and efficiently, so you receive your project work as soon as possible. Projects cannot be interrupted/cancel once they have been placed. No refund shall be granted in any situation. (i.e 1. The client doesn’t have the money. The client isn’t happy/satisfied with the service.) the balance owed must be paid when the task/project is completed. 

 

Disclaimer

Vara Brands makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Vara Brands will not be held responsible for any and all damages resulting from products and/or services it supplies. Vara Brands is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Vara Brands responsible for any such loss or damage. Any claim against Vara Brands shall be limited to the relevant fee(s) paid by the customer.

Vara Brands reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Vara Brands will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Vara Brands and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Vara Brands recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

 

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.

Vara Brands reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Vara Brands, by email, verbally or in writing, is deemed to be an acceptance of these terms and conditions, which are freely available at www.vara-brands.com

Incase of any clarifications write to - Hello@vara-brands.com 

Company Based out in India serving clients globally

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Vara Brands.