Terms and Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern the provision of services by UP BRND (“Company,” “we,” “us,” or “our”) to the client (“Client,” “you,” or “your”). By accessing our website https://upbrnd.com or engaging our services, you agree to be bound by this Agreement.

2. Interpretation and Definitions

Interpretation

Words with their initial letter capitalized have meanings defined under the following conditions. These definitions apply regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of shares, equity, or voting rights.

  • Country refers to Maharashtra, India.

  • Company refers to UP BRND, accessible at https://upbrnd.com.

  • Device means any device capable of accessing the Services such as a computer, smartphone, or tablet.

  • Services refers to the website and services operated by the Company.

  • Terms and Conditions (“Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Services.

  • Third-party Social Media Services means any services or content provided by a third party that may be displayed or made available through the Services.

  • Website refers to UP BRND, accessible from https://upbrnd.com.

  • You means the individual accessing or using the Services, or the company or legal entity on behalf of which such individual is accessing or using the Services.

3. Acknowledgment

These Terms govern the use of our Services and constitute a binding agreement between You and the Company.

  • You must be at least 18 years old to use our Services.

  • Your use of the Services is also subject to our Privacy Policy, which outlines how we collect, use, and protect your data.

By accessing or using our Services, You agree to be bound by these Terms. If You disagree with any part of the Terms, please discontinue use immediately.

4. Project Acceptance

A project is considered accepted once:

  • The Client approves the proposal or quotation, and

  • The required advance payment is received.

5. Payment Terms

  • A minimum advance payment (typically 30%–50%) is required before project initiation.

  • Remaining payments shall be made as per agreed milestones or before final delivery.

  • Delay in payment may result in project suspension or delay in delivery.

  • All payments made are non-refundable unless otherwise agreed in writing.

6. Revisions and Scope Changes

  • The number of revisions will be as defined in the project proposal.

  • Additional revisions or changes beyond the agreed scope will be chargeable.

  • Significant changes may impact project cost and delivery timeline.

7. Client Responsibilities

The Client agrees to:

  • Provide all necessary content, assets, and approvals in a timely manner.

  • Ensure that provided materials do not infringe any third-party rights.

  • Review and approve deliverables promptly to avoid delays.

8. Project Timelines

  • Timelines provided are estimates and depend on Client responsiveness.

  • Delays caused by the Client may result in adjusted delivery timelines.

  • UP BRND is not responsible for delays due to external or unforeseen factors.

9. Intellectual Property

  • Upon full payment, ownership of final deliverables is transferred to the Client.

  • UP BRND retains the right to display completed work in its portfolio.

  • Third-party tools, themes, plugins, or licenses remain subject to their respective ownership and licensing terms.

10. Third-Party Services

  • Services may include third-party tools, plugins, APIs, or platforms.

  • The Client is responsible for purchasing and maintaining required licenses unless otherwise agreed.

  • The Company is not liable for issues caused by third-party services.

11. Website and Application Maintenance

  • Maintenance, updates, and support are not included unless explicitly mentioned.

  • Separate maintenance plans may be offered.

  • The Company is not responsible for issues arising after project completion without an active support agreement.

12. Digital Marketing Disclaimer

  • The Company does not guarantee specific results such as rankings, traffic, or conversions.

  • Performance depends on external factors beyond our control.

  • We follow industry best practices to achieve optimal outcomes.

13. Branding and Creative Services

  • Creative work is subjective and involves collaborative feedback.

  • Final approval from the Client confirms satisfaction with the deliverables.

14. Links to Other Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by the Company.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You are advised to review their terms and policies before engaging with them.

15. Confidentiality

Both parties agree to maintain confidentiality of any sensitive or proprietary information shared during the course of the project.

16. Termination

We may terminate or suspend access to our Services immediately, without prior notice, if You breach these Terms. Upon termination, Your right to use the Services will cease immediately.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Company’s total liability shall not exceed the amount paid by You for the Services or INR equivalent of USD 100 if no payment has been made.

  • The Company shall not be liable for any indirect, incidental, or consequential damages, including loss of data, profits, or business interruption.

18. “AS IS” and “AS AVAILABLE” Disclaimer

The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

We do not guarantee that:

  • The Services will meet Your requirements.

  • The Services will be uninterrupted, secure, or error-free.

All implied warranties, including merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law.

19. Indemnification

You agree to indemnify and hold the Company harmless from any claims, damages, or expenses arising from Your use of the Services or violation of these Terms.

20. Force Majeure

The Company shall not be held liable for failure or delay in performance due to events beyond reasonable control, including natural disasters, technical failures, or governmental actions.

21. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Maharashtra, India.

22. Dispute Resolution

If You have any dispute or concern, You agree to first attempt to resolve it informally by contacting the Company before pursuing formal legal action.

23. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. For significant changes, reasonable notice will be provided. Continued use of the Services constitutes acceptance of updated Terms.

24. Contact Information

UP BRND
Contact Page: https://upbrnd.com/contact/