Terms and Conditions

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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By accessing or using the websites operated by Amaris Brand Creation, including www.amarisbrand.com and any affiliated sites (referred to collectively as the “Websites”), you agree to comply with these Terms and Conditions (the “Terms”) and acknowledge the way we collect, use, and share your personal information as outlined in our Privacy Policy. These Terms may be updated at any time. You can always find the current version of the Terms at https://amarisbrand.com/terms-and-conditions/. Additional terms may apply to specific pages on the Websites, and they are incorporated into these Terms.

In case of any inconsistency between these Terms and any offline materials, these Terms will govern. By visiting, using, or engaging with the Websites and any services offered through them (the “Services”), you accept the most recent version of these Terms and agree to be bound by them. If you do not agree to these Terms, you should stop using the Websites and the Services, and if applicable, cancel your registered account or subscription.

I. Your Use of the Websites and Services

Amaris Brand Creation grants you a limited, non-transferable license to use the Websites in accordance with these Terms. You may only use the Websites to access and view information and to make legitimate inquiries. Unauthorized use, including fraudulent inquiries, is prohibited. You are not permitted to copy, reproduce, republish, distribute, or modify any content on the Websites—such as text, graphics, icons, audio, video, digital downloads, and software—without the prior written consent of Amaris Brand Creation or its third-party partners. However, you may download, display, and print materials from the Websites for personal, non-commercial use only.

II. Member Conduct Guidelines

(a) By using the Websites and Services, you confirm that you are of legal age to enter into a binding contract and that you are not barred from receiving services under the laws of India or any applicable jurisdiction. You agree to provide accurate, up-to-date information when registering and to maintain the confidentiality of any usernames, passwords, or other account details that allow access to restricted areas of the Websites or Services. You are fully responsible for any activities that occur under your account and agree to notify Amaris Brand Creation immediately if you suspect any unauthorized use of your account. Amaris Brand Creation is not liable for any losses arising from your failure to comply with these Terms.

(b) You agree not to use the Websites or Services for the following activities:

  • Uploading, posting, emailing, or transmitting any Content that:
    • Is illegal, harmful, threatening, abusive, defamatory, vulgar, or otherwise objectionable;
    • Encourages unlawful conduct or violates any laws;
    • Infringes the intellectual property rights of others;
    • Contains malicious software or unsolicited advertising (“spam”);
    • Harms minors or invades privacy;
    • Misrepresents your identity or affiliation with any person or organization;
    • Violates local, national, or international laws;
    • Harasses or stalks others;
    • Collects personal data about other users without consent;
    • Distributes Website content for mass distribution or commercial use.

Amaris Brand Creation may remove content that violates these guidelines at its discretion. Complaints about inappropriate use of the Websites will be investigated, but may not always result in action based solely on personal objections.

III. Intellectual Property Rights

Except for content submitted by users, all content on the Amaris Brand Creation Websites—including text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos—are owned by or licensed to Amaris Brand Creation. You agree not to use, copy, reproduce, distribute, or exploit any content without prior written consent from Amaris Brand Creation.

IV. Third-Party Links

The Websites may contain links to external websites for your convenience. However, Amaris Brand Creation does not endorse, control, or guarantee the accuracy, reliability, or availability of any content, services, or operations on third-party websites. By accessing these external links, you acknowledge that you do so at your own risk. Amaris Brand Creation is not responsible for any issues that may arise from your interaction with these third-party websites.

V. Termination

Amaris Brand Creation reserves the right to modify or terminate your access to the Services, Websites, or memberships at any time, with or without notice, and without liability. Your membership may be terminated if:

  • You provide false or misleading registration information.
  • You interfere with other users or disrupt the operation of the Services or Websites.
  • Requested by law enforcement or government authorities.
  • You breach any of these Terms.

VI. Disclaimer of Warranties

All products, services, content, and materials on the Websites are provided “as is,” without any warranties, either express or implied. To the fullest extent permitted by law, Amaris Brand Creation disclaims all warranties, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose.

We do not guarantee that the Websites will be available, error-free, secure, or uninterrupted. Amaris Brand Creation makes no representations regarding the accuracy, completeness, or reliability of the information provided on the Websites or through any communication from us.

VII. Limitation of Liability

Amaris Brand Creation will not be responsible for any damages or viruses that may affect your device as a result of accessing our Websites or downloading any materials. Under no circumstances will Amaris Brand Creation be liable for:

  • Special, exemplary, punitive, indirect, incidental, or consequential damages, including loss of profits or savings.
  • Damages resulting from your inability to use the Websites or their content.

Note that certain jurisdictions may not allow these liability limitations, so they may not apply to all users.

VIII. Indemnity

You agree to indemnify, defend, and hold harmless Amaris Brand Creation, its affiliates, officers, directors, employees, consultants, and agents from any claims, liabilities, damages, losses, or costs (including attorney fees) arising from:

  • Your use of the Websites or Services.
  • Any violation of these Terms.
  • Your violation of any third-party rights, including intellectual property or privacy rights.
  • Any content you submit or provide that infringes upon another party’s rights.

This indemnification obligation will survive your use of the Websites and Services.

IX. Forward-Looking Statements

The content on the Websites may include “forward-looking” statements, which involve inherent risks and uncertainties. Actual results may vary due to factors such as acquisitions, market conditions, and client retention. Amaris Brand Creation is not obligated to update any forward-looking statements and does not intend to do so.

X. Claims of Intellectual Property Infringement

If you believe your intellectual property rights have been infringed upon, please provide the following information to Amaris Brand Creation:

  • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work that has been infringed.
  • Identification of the infringing material, along with sufficient information to locate it.
  • Your contact information.
  • A statement made in good faith that the material is not authorized by the copyright owner.
  • A statement confirming the accuracy of your claim, made under penalty of perjury.

XI. Governing Law

This Agreement and its performance shall be governed by the laws of the State of Andhra Pradesh, India, without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the state and courts located in the State of Andhra Pradesh, India, in all matters arising from your use of the Websites, Services, and/or Terms. Any claim or cause of action arising from or related to your access or use of the Websites must be initiated within one (1) year from the date the claim or action arose. Amaris Brand Creation operates and controls the Websites from its headquarters in India, and the Websites may not be available or appropriate for use in other locations. If you access the Websites outside of India, you are responsible for adhering to local laws.

XII. Attorney’s Fees

If Amaris Brand Creation takes legal action to enforce these Terms, the prevailing party will be entitled to recover reasonable attorney’s fees and litigation costs, in addition to any other remedies at law or in equity.

XIII. Injunctive Relief

You acknowledge that any violation or attempted violation of these Terms may cause Amaris Brand Creation irreparable damage, which may be difficult to quantify and for which there may be no adequate legal remedy. Therefore, Amaris Brand Creation will be entitled to seek an injunction from a court of competent jurisdiction to prevent such violations or attempted violations, and to recover any costs and expenses, including reasonable attorney’s fees, incurred in obtaining such relief. You agree that no bond or other security will be required for such an injunction.

XIV. Assignment

You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under this Agreement.

XV. Relationship

The relationship between you and Amaris Brand Creation is that of independent contractors. Neither party, nor its officers, agents, or employees, will be construed as partners, joint ventures, fiduciaries, employees, or agents of the other.

XVI. Modification

Amaris Brand Creation reserves the right to modify the Services, Products, information, and/or materials offered on or available from the Websites at any time without prior notice. Additionally, Amaris Brand Creation may modify these Terms at any time by posting updated terms on the Websites. Your continued use of the Websites and Services after such changes indicates your acceptance of the revised Terms, even if you have not reviewed them. Therefore, you should periodically review the Terms and Conditions and other legal notices on the Websites.

XVII. Additional Terms

Additional terms and conditions may apply to specific purchases of goods and services or other uses of certain parts of the Websites, and you agree to abide by these additional terms and conditions.

XVIII. Severability

If any provision of this Agreement is found to be unenforceable or invalid, it will be enforced to the maximum extent permitted by applicable law. The unenforceability of any provision will not affect the validity and enforceability of the remaining provisions.

XIX. Headings

The headings used in this Agreement are for convenience only and will not limit or otherwise affect the terms and conditions set forth herein.

XX. Terms of Service – Website & Application Design/Development, SEO, Digital Marketing & Other Services Offered by Amaris Brand Creation

  1. Project Terms
    All estimates and quotes are based on our understanding of your requirements and the given timeline. Any changes in functionality, including minor improvements, may result in additional costs. It is essential to ensure our understanding is clear before the project begins.
    By accepting a quote, you agree to the terms and conditions of Amaris Brand Creation. Acceptance can be verbal, via email, payment of initiation fees, signing a quote, website sign-up, or submission of a website form.
    Clients must ensure all requirements are included in the quotes, proposals, or estimates, and that we fully understand the scope of work. Clients are responsible for providing clear guidelines and specific details about their requirements. If such details are not provided, we will proceed based on our understanding, and discrepancies may lead to additional costs. It’s vital to clarify every aspect of your website/application development to ensure accurate quoting.
    Any complexities related to tasks should be communicated in advance and included in the proposal for accurate costing. We rely on our clients to provide complete information during the quotation phase, and any discrepancies due to unclear requirements will not be borne by Amaris Brand Creation.
    Each task, including Project Management and Digital Strategy/Business Analysis, has limited man-hours allocated. Minor changes may be included within the allocated hours, and these will be analyzed on a case-by-case basis. Amaris Brand Creation reserves the right to charge additional fees for any edits, additions, or modifications requested.
    While we will strive to complete the project within the agreed timeframe, reasonable delays are acceptable if the functionalities are redefined or modified. Any delays from the client’s side may extend the project timeline and may incur additional costs.
    Bugs (programming errors) reported during or up to 14 days after development are not subject to additional charges. However, re-work on completed tasks or changes after design approval will incur extra charges. Any modifications requested during development or after Go-Live approval will also be charged separately. All additional work outside the estimate is billed separately. Amaris Brand Creation is not liable for delays caused by changes to the project brief.
  2. Content and Deliverables
    Content and all related materials for the website/application need to be provided within the first two weeks of starting the project or before the delivery of the first draft. Delays in providing the content may cause project delays and additional charges if the delay exceeds a reasonable timeframe.
  3. Testing and Compatibility
    Our websites/applications are generally tested on PCs using recent versions of Microsoft Edge, Firefox, and Chrome. If you require testing on other browsers, please inform us in advance.
    Responsive and multi-device compatible pages are tested on iPhones and iPads. If testing is required on other devices, please notify us beforehand.
  4. Third-Party Services
    If your website/application is not hosted on an Amaris Brand Creation server, any additional man-hours required due to server or network-related issues are not covered in our estimates and may incur extra charges.
    Domain registration, renewal, and hosting charges are not included unless explicitly stated in the proposal. Separate quotes for domain registration and hosting services will be provided if necessary.
    Amaris Brand Creation will organize hosting solutions upon request, and a separate quote will be submitted and approved by the client. Clients who choose to manage their own hosting must consult us before finalizing hosting and database types to ensure compatibility with the technology used for development. Full access and support from the hosting company are required for testing and deployment of the application/website.
  5. Project Delays and Costs
    If a project is stalled for over two weeks, an administration fee of Rs. 4500/week + GST will apply. This may also affect the approved estimates. To avoid these charges, the account should be up to date based on the work completed. If the project needs to be paused, clients should provide written notice.
    Any unforeseen delays, particularly related to the integration of third-party software or components, may affect the project timeline. The client agrees not to penalize Amaris Brand Creation for such delays.
  6. Software and Intellectual Property
    Amaris Brand Creation retains the copyrights for the software codes created (excluding open-source software). The codes can be handed over to the client at an additional cost once all previous invoices and proposals are settled. The client may use the codes solely for their development or further modifications, but resale or duplication is prohibited.
    Amaris Brand Creation’s proprietary CMS is used for all client projects unless agreed otherwise before the project’s start. The client is granted a license to use custom-built software, and this license is valid only while paying for hosting services. The CMS cannot be transferred to any external host without prior arrangement.
  7. Third-Party Components
    Third-party components such as payment gateways, SSL certificates, or plugins may be involved in the development process. Any costs for these third-party components, including but not limited to SSL, payment gateways, Google Ads, plugins, themes, or templates, are not included in our quotes and will be billed separately.
    Amaris Brand Creation is not responsible for any open-source products (e.g., WordPress, Joomla, Open Source carts) and clients are responsible for updating these components. We recommend regular backups to avoid disruptions.
    Changes in third-party provider rules and policies may impact the services we provide or alter the terms and conditions of this agreement.
  8. Miscellaneous Terms
    Amaris Brand Creation generally builds and tests websites/applications on our servers or trusted third-party servers owned or rented by Amaris Brand Creation. Clients will not be granted access to test servers or websites. The website/application will be transferred to a third-party server once all invoices are fully paid.
    All project communications should be conducted via email, and it is the client’s responsibility to ensure we have the correct and up-to-date email addresses.

2. Charges & Payments

The charges for services provided by Amaris Brand Creation are outlined in the project quotation sent to the Client via email or WhatsApp. Quotations are valid for a period of 30 days or until the expiry date mentioned on the quotation. After the expiry date, Amaris Brand Creation reserves the right to modify or decline to provide a quotation.

Unless otherwise agreed upon with the Client, a minimum advance payment of 50% of the total project quotation is required before work is delivered to the Client for review. The remaining 50% of the total project quotation is due upon completion of the work, before uploading to the server or release of materials, or may be partially due on specific milestones as specified in the quotation or quotation email.

Required Payment for Additional Services: Payments for services such as Advertising, PPC (Pay-Per-Click), Web Maintenance, Social Media, and Graphic Design must be made in full as per the quoted price.

Long-Term Plans: For long-term plans, monthly payments or payments for 6 months or 1 year may be made. These plans have a minimum contract duration of 3 months.

All services are subject to a 18% GST applicable.

Payment Methods: Payments for services are due via online payment, UPI, cheque, or bank transfer. Bank details or payment details will be provided on invoices or the invoice/payment/quotation email.

All prices are quoted in Indian Rupees (INR) or US Dollars (USD), as specified, and are inclusive of GST unless otherwise stated.

Invoices should be processed according to the agreed schedule via your preferred payment method.

A 3%-5% surcharge may be applied for payments made via online payment gateways (Razorpay, CCAvenue, etc.) using a debit/credit card as an online payment processing fee. This fee does not apply if payment is made via UPI or direct bank transfer.

Milestone Payments must be made within 3 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made before the website/application/project goes live.

Graphic Design Orders (including but not limited to logos, posters, banners, icons, etc.) must be paid in advance. 100% of the quoted price should be paid before the commencement of any graphic design work.

Receipt of payment will be deemed as acceptance of the quote, milestone, delivery, project, and terms & conditions.

Send notice to:

Address: Shiva Apartment, 3rd Lane, Abid Nagar, Akkayyapalem, Visakhapatnam, Andhra Pradesh, INDIA – 530016

Phone: +91 630 938 2293

Email: enquiries@amarisbrand.com

Contact Details

For general inquiries, please reach us at:

  • Email: enquiries@amarisbrand.com
  • Phone: +91 630 938 2293
  • Address: Shiva Apartment, 3rd Lane, Abid Nagar, Akkayyapalem, Visakhapatnam, Andhra Pradesh, INDIA – 530016

 

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