Terms of Service
1. Acceptance of Terms
These Terms of Service (“Terms”) govern access to and use of the website and services provided by Brand Mindz Global Technology Pvt Ltd (“Company”, “we”, “our”, or “us”).
By accessing our website, submitting an enquiry, approving a proposal, signing an agreement, or making a payment, you (“Client”, “you”) agree to be bound by these Terms, along with our Privacy Policy, Cookie Policy, and Refund & Cancellation Policy.
2. Scope of Services
We provide professional B2B services including, but not limited to:
- Website and application development
- Digital marketing and performance marketing
- SEO and analytics
- Social media management
- Personal branding
- Business and marketing consulting
The exact scope, deliverables, timelines, and commercials will be defined in a written proposal, Statement of Work (SOW), or agreement.
3. Client Responsibilities
The Client agrees to:
- Provide accurate and complete information
- Share content, approvals, and access credentials on time
- Review deliverables within agreed timelines
- Make payments as per agreed schedules
Delays or failures caused by the Client shall not be considered a breach by the Company and do not qualify for refunds.
4. Payments, Fees & Taxes
- All fees are exclusive of applicable taxes unless stated otherwise
- GST shall be charged as per Indian law
- Payments must be made within agreed timelines
- Delayed payments may result in service suspension
Payment confirmation constitutes unconditional acceptance of these Terms.
5. Auto-Renewal of Retainer Services
For monthly or periodic retainer services:
- Services shall automatically renew unless cancelled in writing with at least 15 days’ prior notice
- Fees for renewed periods are non-refundable once the service cycle begins
6. No Guarantee of Results
The Company does not guarantee any specific results including:
- SEO rankings
- Website traffic
- Lead volume
- Revenue or ROI
- Advertising performance
Outcomes depend on external factors such as market conditions, competition, platform algorithms, and client cooperation.
7. Intellectual Property & Usage Rights
- All intellectual property remains the Company’s property until full payment is received
- Upon full payment, the Client receives a limited, non-transferable right to use deliverables for business purposes
- The Company may showcase completed work in portfolios, case studies, and marketing materials
Where a signed NDA explicitly restricts such usage, the NDA shall override this clause.
8. White-Label Services
Where services are provided on a white-label basis:
- The Company shall not publicly disclose its involvement
- The Client shall not disclose or misrepresent the Company’s proprietary processes, tools, or methodologies
9. Confidentiality
Both parties agree to maintain confidentiality of business, technical, and commercial information shared during the engagement, except where disclosure is required by law.
10. Data Protection & DPDP Compliance
Personal data is processed in accordance with:
- Digital Personal Data Protection Act, 2023 (India)
- The Company’s Privacy Policy
The Client confirms it has lawful authority to share any personal or business data and shall indemnify the Company against violations arising from unlawful data sharing.
11. Data Processing Addendum (DPA)
For enterprise or data-sensitive engagements, a Data Processing Addendum (DPA) may be executed separately.
The DPA governs:
- Roles of data fiduciary and data processor
- Data security obligations
- Breach notification
- Cross-border data processing
Where applicable, the DPA shall prevail over these Terms in relation to data protection matters
12. Third-Party Platforms & Tools
The Company may use third-party platforms such as hosting providers, analytics tools, advertising platforms, or CRM systems.
The Company is not liable for:
- Platform outages
- Policy changes
- Account suspensions
- Data loss caused by third-party providers
13. Suspension & Termination
The Company may suspend or terminate services without refund in cases of:
- Non-payment or delayed payment
- Breach of Terms
- Misuse of services
- Abusive, unethical, or unlawful conduct
Termination does not waive outstanding payment obligations.
14. Limitation of Liability
To the maximum extent permitted by law:
- The Company shall not be liable for indirect, incidental, or consequential damages
- Total liability shall not exceed the fees paid for the specific service giving rise to the claim
15. Indemnification
The Client agrees to indemnify and hold harmless the Company from claims arising from:
- Client-provided content or data
- Breach of these Terms
- Violation of applicable laws or third-party rights
16. Force Majeure
The Company shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, government actions, technical failures, or platform outages.
17. Dispute Resolution & Arbitration
Any dispute shall first be resolved through mandatory arbitration in accordance with the Arbitration and Conciliation Act, 1996.
- Arbitration seat: Chennai, Tamil Nadu
- Language: English
Courts in Chennai shall have jurisdiction only for matters not subject to arbitration or for enforcement.
18. Governing law & Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of India.
19. Amendments
The Company may modify these Terms from time to time. Updated versions will be published on the website. Continued use of services constitutes acceptance of the revised Terms.
20. Contact & Grievance Redressal
For queries or grievances:
Brand Mindz Global Technology Pvt Ltd
Perungudi, Chennai, Tamil Nadu, India
Email: headoffice@brandmindz.com