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Terms & Conditions

In these conditions "the Customer" means the person, firm or company who commissions the services of Spannovation Konsult "the Company". By commissioning the Company to undertake work "the project" on their behalf, the Customer agrees that these Terms and Conditions of Trading define our working relationship. All projects, services or goods that the Company may be contracted to produce or provide for the Customer will be subject to the following:

PROFESSIONAL FEE FOR EACH PROJECT

The Customer will receive an estimate outlining the project specifications and estimated fees as per our rate card towards services and where appropriate, any goods and professional services commissioned by us in order to complete the project. We will begin work upon the Customer’s written or oral approval of the estimate and this will constitute an agreement between us. The Customer agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for only 30 days from the date on the estimate. As Managing Director Anita Bhartiya, reserves the right to mail the client a formal proposal and project estimate through her email response. By responding to her emails you are agreeing to these terms and the fees applied. If you have any queries or require further information please email us at info@spannovationkonsult.com.

PAYMENT TERMS & CONDITIONS

  • All Customers will be required to pay 50% advance of the total project cost before work can begin and all subsequent balances due are payable upon artwork approval.
  • Advance invoices shall be raised for the mentioned professional fee charged.
  • In case where Income tax is to be deducted at source, a Tax Deduction Certificate in the prescribed form shall be issued to Spannovation Konsult from the date of deduction.
  • All payments shall be through a Cheque or Demand Draft drawn in favor of Spannovation Konsult
  • All accounts shall be paid up on or before the 10 th day after the date of the invoice. We reserve the right without notice to charge interest on past due balances at the rate of 12% per annum or 1% per month.
  • Any delay caused by the client in completion of the project in the mentioned/ agreed time period will not affect or alter the payment terms mentioned above and SK will be cleared of all dues according to terms stated in this agreement.
  • We reserve the right to refuse completion or delivery of work until past due balances are paid. The Customer shall pay the Company’s costs, charges and expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding accounts

REVISIONS & ALTERATIONS ON WORK

Any revision & alteration on work requested by the Customer and performed by the Company after a proposal/estimate has been approved are considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you, and a revised additional fee must be agreed to by both parties before further work proceeds. It is normal practice for contact reports to be issued by the Company’s staff of meetings between the Customer and the Company. If the subject matter of a contact report is not questioned by the Customer within three working days of its receipt, it will be taken to be a correct record of the meeting to which it refers. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at our standard rate card.

OVERTIME AND RUSHED ORDERS

Estimates are based on a reasonable time schedule, and may be revised to take into consideration your "Priority Scheduling" requests requiring overtime and/or weekend working. Knowledge of your deadlines is essential to provide an accurate estimate. In addition, our suppliers may mark up their charges in respect of work required in a hurry

EXCLUSION OF LIABILITY

Under no circumstances whatever shall the Company be liable for losses special to the particular circumstances of the Customer, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company’s liability shall not exceed the total of the contract fees for the project. The fees for any project are based on the assumption that the liability of the Company and Customer are as set out herein.

NATURE OF COPY & PROPERTY BELONGING TO OTHERS

The Customer agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Customer is responsible for all trademarks, copyright and patent infringement clearances and is responsible for arranging, prior to publication, any necessary legal clearances, licenses, usage or royalty payments.

CLIENTS OBLIGATIONS

The following shall be obligations of the client.

  • Provide inputs as and when required without any delay. Client acknowledges that the execution of the scope of work as detailed in Clause I is subject to constant support and active participation of Client.
  • All concepts, strategies and designs submitted by Spannovation Konsult will require an approval in writing from the client.
  • Client shall be responsible for all representations it makes with respect to its products or business. Client shall assume all financial and legal liability for the quality, reliability, and accuracy of all such representations.

ERRORS & OMISSIONS

It is the Customer’s responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, dimensions and distances. The Company is not liable for errors or omissions. The Customer’s signature or that of his authorized representative is required on return of all proofs or artwork or written confirmation via e-mail of fax prior to release for printing or other implementation.

COMPLETED & OUTSTANDING PROJECTS

A design project is considered complete upon receipt of the customer's final approval. Other services such as printing, display production, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge. Projects that are left uncompleted by a client for more than 1 month (30 days) without any reasonable progression or further instruction will be invoiced. The invoiced amount will be for the work completed thus far.

PLACEMENT OF ADVERTISEMENT

At your request, we will purchase media space on your behalf which will be billed to you at current rates plus the standard agency commission. The Company cannot be held liable for advertising which does not appear on a particular time/date or issue or in a particular position or break

PROPERTY & SUPPLIERS INFORMATION

The Company will take all reasonable precautions to safeguard property entrusted to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed matter. Although we may use our best efforts to guard against any loss arising from the failure of our suppliers, media, or others to perform in accordance with their commitments, the Company is not responsible for failure on their part. We cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Customer or his agents

LIEN

All materials or property belonging to the Customer, as well as work performed, may be retained as security until all just claims against the Customer are satisfied

RIGHTS OF OWNERSHIP

Once a project has been delivered by us and is fully paid for by the Customer, the Company will assign the reproduction rights of the design for the use(s) described in the proposal. According to copyright law, the rights to all design and artwork, including but not limited to photography, music and or illustration created by independent photographers, artists or illustrators retained by the Company, or purchased from a stock agency on behalf of the Customer, remain with the individual designer, artist, photographer or illustrator. Unless a purchase of "All Rights" (a Buyout) is negotiated on behalf of the Company, you may not use or reproduce the design, work or the property therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and the payment of any additional fees before proceeding. Master artwork including roughs, visuals, mock-ups and presentations is the property of the Company and will not be released or copied for the Client or any third party to use in any way whatsoever without prior written agreement by a director of the Company. We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including roughs, visuals, mock-ups and presentations, as samples for our portfolio, newsletter, brochures, presentations and website and for entry for awards. We will endeavor to store files on computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them without notice

LIMITATION

The Customer will indemnify and hold the Company harmless for any loss or expense (including legal fees), and agree to defend the Company in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is not limited to claims made against the Customer and any of its products and services arising from the publication of materials that we prepare and the customer approves before publication.

FORCE MAJEURE

Production schedules, storage of files and property belonging to the Client will be established and adhered to by both Customer and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Customer or the Company. Where production schedules are not adhered to by the Customer, final delivery date or dates will be adjusted accordingly.

JURISDICTION & ARBITRATION

The validity and enforceability of this agreement will be interpreted in accordance with the Jurisdiction of India, Delhi High court but the Company reserves the right to bring proceedings in connection with this contract in any other court of competent jurisdiction. Failure by the Company to enforce any of these conditions shall not be construed as a waiver of that condition or any other condition

  • The parties hereto irrevocably submit to the exclusive jurisdiction of courts in Delhi to the exclusion of other courts in connection with any action or proceedings arising of or relation to this agreement.
  • In the event of any dispute or differences arising out of or in connection within this Agreement then in such an event the Parties shall resolve the dispute or difference by reference to Arbitration to be conducted in New Delhi and conduct the proceedings in English Language in accordance with the Arbitration and Conciliation Act 1996.

CONFIDENTIALITY

Spannovation Konsult shall maintain the confidentiality of all trade and proprietary secrets that may be disclosed in the course of providing services. Client shall identify to Spannovation Konsult in advance and in writing for any information or data deemed a trade of proprietary secret.

TERMINATION OF AGREEMENT

  • Unless terminated pursuant to this section, this Agreement shall remain in force and bind the parties from commencement of contract till completion date.
  • The Agreement may be terminated by either party mutually upon a shorter termination notice period in writing and signed by all parties to the Agreement. Any termination shall not discharge the Client Liability to pay Spannovation Konsult for all costs incurred on account of activities already started and services already rendered till effective date of termination.

MISCELLANEOUS PROVISIONS

NOT A JOINT VENTURE

Nothing contained in this agreement shall be deemed or constructed as creating a joint venture or partnership between Spannovation Konsult and the CLIENT. Spannovation Konsult and the CLIENT shall have no power to control the activities and operations of the other and their status is, and at all times, will continue to be, that of independent contractor with respect to each other.

ASSIGNMENT

This Agreement is not assignable by either party hereto without the prior consent in writing of the other, which shall not be unreasonably withheld. Any assignment in violation of this provision shall be void.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the parties with respect to the subject matter thereof and may not be modified or amended except in a written agreement signed by both parties.