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Terms & Condition

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of the Service.

 

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY SC CREATIVE (“COMPANY”). BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
 

Definitions:

“Agreement” means this Terms of Service;

 

“Client(s)” In the agreement, the term "client(s)" refers to the individual, company, organization, or entity that engages with SC CREATIVE (the service provider) to avail themselves of the services provided. The client(s) are the party/parties seeking the development, maintenance, or other services related to a website or digital product as outlined in the agreement.

"Service(s)/product(s)" in the agreement pertain to the offerings provided by SC CREATIVE to the client(s). These encompass a range of activities and deliverables, including but not limited to website development, design, coding, maintenance, and other related components essential for the functionality of the digital product (such as a website) specified in the project proposal. The services/products provided by SC CREATIVE are subject to the terms, conditions, and obligations outlined in the agreement, including payment terms, maintenance clauses, and limitations of liability.


“We”, “Company”, “us” and “our” means the Company and its affiliates, officers, employees, agents, partners and licensors.
 

1. Payment Terms:

The Client agrees to make an upfront payment of 60% of the total project cost to SC CREATIVE before the project commences. Should the Client fail to make the agreed payment, no refund will be provided. In the event that the Client does not fulfil the payment within a month after receiving notice, SC CREATIVE reserves the right to erase all project-related data and potentially resell any purchased assets without any further notifications.

 

2. Due Management:

While SC CREATIVE typically doesn't permit payments to be made after services are rendered, in exceptional cases where dues are allowed, the Client must ensure that these dues are promptly cleared. Failure to do so empowers SC CREATIVE to terminate all services provided to the Client, with or without prior notice.

 

3. Refund, Disputes, and Chargebacks Policy:

Refunds can only be requested by the Client within 7 days of making a payment or placing an order. Requests made after this time frame may not be entertained. Disputes or chargebacks should be handled in accordance with the terms outlined in the provided link to SC CREATIVE's Terms and Conditions.

 

4. Maintenance:

SC CREATIVE commits to providing maintenance for the duration specified in the agreement. However, it's important to note that maintenance does not cover changes to images, design, templates, or other assets unless explicitly stated otherwise in the agreement.

 

5. Billing Details:

Upon the Client's request, SC CREATIVE will provide detailed billing information pertaining to the services rendered.

 

6. Access to the Services:

While SC CREATIVE will provide admin access to the services, the Client acknowledges that any significant changes leading to technical issues, such as website crashes or template malfunctions, are not the responsibility of SC CREATIVE. In such instances, additional charges may apply to rectify the issues.

 

7. Company as an Intermediary:

SC CREATIVE operates as an intermediary between the Client and various vendors for acquiring services, tools, and products required for project completion. However, the specific details of these vendors may not be disclosed.
 

7.1 Role of SC CREATIVE as an Intermediary:

In this context, the term "Company as an Intermediary" refers to the role that SC CREATIVE plays as a mediator or intermediary entity between the Client and third-party vendors or service providers. SC CREATIVE, represented by Shashwata Choudhury and its associated freelancers, operates as a bridge that facilitates the acquisition of various tools, products, and services required for the development, maintenance, and enhancement of the Client's projects, particularly digital services like website design and development.

 

7.2 Collaborative Facilitation:

SC CREATIVE acts as a liaison, connecting the Client's requirements with the appropriate tools and services available in the market. This collaborative facilitation involves identifying and selecting vendors or providers whose offerings align with the project's needs. While SC CREATIVE itself might not be the direct provider of all these tools and services, it contributes by researching, evaluating, and suggesting solutions that enhance the project's quality and functionality.

 

7.3 Vendor Sourcing and Recommendations:

As an intermediary, SC CREATIVE brings forth its industry knowledge and expertise to identify reputable vendors or providers who can supply the necessary components for the project. These components might include domain purchases, hosting services, SSL certificates, and other related digital tools. SC CREATIVE's recommendations are based on its understanding of the project's technical requirements, budget constraints, and the quality of the services offered by various vendors.

 

7.4 Transparency in Vendor Engagement:

While SC CREATIVE does not necessarily disclose the specific details of every tool or vendor it engages with, it ensures transparency by providing the Client with a comprehensive understanding of the tools and services that will be employed in the project. SC CREATIVE aims to maintain a transparent and collaborative environment where the Client can make informed decisions about the technologies and services integrated into their project.

 

7.5 Value Addition Through Expertise:

By serving as an intermediary, SC CREATIVE adds value to the project by leveraging its knowledge of the industry landscape and its connections with reputable vendors. This expertise aids in the seamless integration of tools and services, thereby contributing to the overall success of the project in terms of functionality, performance, and user experience.

 

7.6 Simplified Client Experience:

One of the key benefits of SC CREATIVE acting as an intermediary is that it simplifies the client's experience. Instead of the Client individually engaging with multiple vendors, SC CREATIVE streamlines the process by assessing needs, recommending solutions, and coordinating the acquisition of tools and services. This approach enhances efficiency and minimizes potential complexities for the Client.

 

7.7 Alignment with Client's Vision:

Throughout its role as an intermediary, SC CREATIVE ensures that the tools, products, and services it suggests are aligned with the Client's vision, project goals, and requirements. This alignment guarantees that the project's development is guided by the Client's preferences and objectives while benefitting from the expertise and industry insights of SC CREATIVE.

 

8. Restrictions:

The Client is required to adhere to all applicable laws and regulations while utilizing the services provided by SC CREATIVE. The limitations, regulations, or guidelines that the Client is expected to adhere to while utilizing the services provided by SC CREATIVE, typically in alignment with legal and ethical standards.

 

8.1 Compliance with Legal and Ethical Norms:

The Restrictions encompass a spectrum of considerations, including but not limited to legal regulations, ethical principles, industry best practices, and the terms stipulated in the agreement itself. The intention behind these Restrictions is to ensure that the collaboration between the Client and SC CREATIVE is conducted in a manner that upholds the integrity of both parties and the project.

 

8.2 Adherence to Intellectual Property Rights:

One of the key elements within the Restrictions pertains to intellectual property rights. The Client is expected to respect and uphold the intellectual property rights of both SC CREATIVE and any third parties involved in the project. This includes refraining from unauthorized use, distribution, or replication of copyrighted materials, designs, codes, and other assets.

 

8.3 Responsible Content Usage:

The Restrictions also cover the content that the Client provides or integrates into the project. The Client is required to ensure that any content, whether text, images, multimedia, or other forms, adheres to legal and ethical standards. This includes avoiding defamatory, offensive, or infringing content and ensuring compliance with relevant laws and regulations related to content usage.

 

8.4 Abiding by Privacy Regulations:

In cases where the project involves the collection, processing, or storage of user data, the Client is obligated to adhere to privacy regulations and data protection laws. This includes obtaining necessary consents, ensuring secure data storage, and maintaining transparency with users regarding data usage.

 

9. Warranty Disclaimer:

SC CREATIVE provides services "as is" and "as available". This means that SC CREATIVE does not offer explicit warranties regarding performance, timelines, or security. The Company has no special relationship with you or any fiduciary duty towards you. You acknowledge that Company has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of Products offered or purchased through the Services. Products purchased (whether or not following such recommendations and suggestions) or the Services provided on the Website are provided “AS IS” without any warranty of any kind from the Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.

 

THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the Services of the Website will meet your requirements or set standard of expectations (ii) the Services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable; (iv) the quality of any Products, Services, Product Information or other Content will meet your expectations or requirements.

 

 

10. Indemnity:

The Client agrees to indemnify SC CREATIVE against any claims, losses, liabilities, damages, and costs arising due to the Client's use of services, breach of the agreement, or infringement of intellectual property rights. You will indemnify, defend, at the Company’s option, and hold the Company, its parents, subsidiaries, affiliates, officers, associates successors, assigns, licensors and employees, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and vendors harmless (including,
without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or due to any infringement by you or any third party using your account of any intellectual property or other right of any person or entity, or your provision of defective or sub-standard goods/services through this Website, or your breach of terms of conditions agreed by you to a Buyer in transaction facilitated by this Website.

 

11. Limitation of Liability:

SC CREATIVE, its officers, directors, employees, or agents are not liable for indirect, consequential, or special damages arising from the Client's use of services. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT OR FOR ANY LOSS OF PROFITS, REVENUES OR USE, OR THE LOSS OR CORRUPTION OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY OR INDIRECT DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WHETHER LIABILITY ARISES FROM BREACH OF THIS AGREEMENT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OPERATION OF LAW, EQUITABLE THEORY OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COMPANY HEREUNDER WILL IN NO CASE EXCEED THE LESSER OF INR 100 OR THE FEES PAID BY YOU TOWARDS THE USAGE OF THE SERVICES / WEBSITE FOR THE LAST TRANSACTION; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. IN CONDITIONS WHERE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVEENTIONED LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.

 

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

 

12. Interaction with Third Parties:

The Client acknowledges that SC CREATIVE may interact with third parties on their behalf for services and tools required for project completion. The provision of the Services by SC CREATIVE may involve interactions with third-party websites, applications, or services ("Third Party Services") that are beyond the direct control of SC CREATIVE. It is important for the Client to be aware of their involvement with Third Party Services and to acknowledge the terms and conditions associated with such interactions. This section outlines the parameters and responsibilities related to engaging with Third Party Services within the scope of the agreement.

 

12.1. Utilization at Own Risk:

When the Client accesses or engages with Third Party Services, it is done at their own risk. The Client acknowledges that SC CREATIVE does not own or control these Third Party Services, and any interactions with them are solely the responsibility of the Client.

 

12.2. Compliance with Third Party Policies:

By utilizing Third Party Services, the Client represents and warrants that they have read and agreed to adhere to all applicable policies of the respective Third Party Services. The Client agrees to act in accordance with these policies in addition to fulfilling their obligations as outlined in this agreement.

 

12.3. Content and Practices of Third Party Services:

SC CREATIVE has no direct control over the content, accuracy, privacy policies, or practices of Third Party Services. The Company does not endorse or assume responsibility for any opinions expressed or content presented in these Third Party Services.

 

12.4. Monitoring and Editing of Content:

SC CREATIVE is not responsible for monitoring, verifying, censoring, or editing the content of any Third Party Service. The Client acknowledges that SC CREATIVE is not accountable for the accuracy or quality of content provided by Third Party Services.

 

12.5. Release of Liability:

By utilizing the Services, the Client releases SC CREATIVE from any and all liability that may arise from the Client's use of any Third Party Service. This includes any disputes, losses, or damages incurred as a result of interactions with or reliance on Third Party Services.

 

Interactions with Other Parties:

 

12.6. Transactional Dealings:

Interactions, transactions, and engagements with individuals or organizations found through the Services, including payments, deliveries, and other related activities, are solely between the Client and those third parties.

 

12.7. Due Diligence and Investigations:

The Client is encouraged to perform due diligence and investigations before proceeding with any online or offline transactions with third parties. SC CREATIVE is not responsible for the outcomes or consequences of such dealings.

 

12.8. Limitation of Involvement:

SC CREATIVE is not obligated to mediate or become involved in disputes between the Client and other users or third parties arising from the Services or related transactions.

 

12.9. Release of Claims:

In cases of disputes with other users or third parties, the Client agrees to release SC CREATIVE, its officers, employees, and agents from any claims, demands, and damages arising from or related to such disputes.

 

12.10. No Liability for Third Party Services:

SC CREATIVE does not endorse, warrant, or assume responsibility for any Third Party Services, materials, products, or websites. The Client acknowledges that SC CREATIVE bears no liability or responsibility for any outcomes resulting from interactions with such third parties.

 

By acknowledging and understanding the provisions of this section, the Client agrees to interact with Third Party Services responsibly and acknowledges that SC CREATIVE is not liable for any consequences arising from such interactions.

 

13. Notice:

Any formal communications to SC CREATIVE should be delivered through email or general notifications on the website. All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at teamsccreative@gmail.com.

 

14. Change:

SC CREATIVE reserves the right to modify the Terms of Service and policies. Any such changes will be effective immediately upon being posted on the website. We have and continue to have the right to modify, change or update this Terms of Service and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.

 

15. Compliance with Laws:

Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using payment facility and our Website.
 

16. Force Majeure:

Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.

 

17. Arbitration & Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the India, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Kolkata, India in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Kolkata, India.

 

18. Authorization Decline:

SC CREATIVE is not liable for declined transactions due to cardholders exceeding preset limits or bounce of bank check.

 

19. Service Provision:

SC CREATIVE undertakes the responsibility of developing a functional website as outlined in the project proposal and specifications.

 

20. Confidentiality of Tools and Vendor Details:

SC CREATIVE maintains the right to withhold disclosing specific tool names and vendor details used in the project.

 

20.1 Protection of Proprietary Information:

As part of its creative process, SC CREATIVE employs various tools, products, and services, as well as collaborates with specific vendors to fulfil project requirements. To protect the proprietary nature of these resources and maintain competitive advantage, SC CREATIVE reserves the right to maintain the confidentiality of specific tool names and vendor details used during the project.

 

20.2 Strategic and Competitive Edge:

The retention of this information safeguards SC CREATIVE's strategies, approaches, and sources of tools and services. This strategic advantage allows SC CREATIVE to deliver unique and customized solutions to clients while retaining an edge in the competitive landscape.

 

20.3 Non-Disclosure of Specifics:

The Client acknowledges that SC CREATIVE is not obligated to disclose the specific names of tools, vendors, or sources utilized in the project. This is to ensure that SC CREATIVE's innovative methods and partnerships remain confidential.

 

20.4 Focus on Deliverables:

While SC CREATIVE does not disclose specific tool names and vendor details, the focus remains on delivering high-quality services and solutions to the Client. The emphasis is on the outcome and benefits rather than the individual components.

 

20.5 Client Collaboration:

The Client's engagement is based on trust in SC CREATIVE's expertise and commitment to delivering effective solutions. While specific tool names and vendor details may not be disclosed, SC CREATIVE remains open to discussing the strategies, methodologies, and overall approach used in the project.

 

20.6 Protection of Competitive Insights:

By maintaining the confidentiality of tool names and vendor details, SC CREATIVE safeguards its competitive insights, preventing potential competitors from gaining insights into SC CREATIVE's business practices, partnerships, and resource utilization.

 

20.7 Client's Best Interests:

While protecting its proprietary information, SC CREATIVE's primary goal remains serving the best interests of the Client. The focus is on delivering exceptional value, functionality, and aesthetics through the project's successful completion.

 

20.8 Balancing Transparency and Protection:

This clause balances the desire for transparency with the necessity of protecting SC CREATIVE's proprietary resources and vendor relationships. SC CREATIVE aims to provide the Client with a comprehensive understanding of the project's progress and outcomes while safeguarding its unique strategies and resources.

 

By understanding and accepting this confidentiality provision, the Client acknowledges the importance of protecting SC CREATIVE's strategic advantages while receiving the benefits of SC CREATIVE's expertise, solutions, and outcomes.

 

21. Non-Disclosure of Vendor Details:

 

21.1 Agreement to Confidentiality:

In recognition of SC CREATIVE's business practices and strategic partnerships, the Client agrees not to request specific vendor details related to the tools, products, or services utilized by SC CREATIVE during the project.

 

21.2 Respecting Proprietary Relationships:

The Client acknowledges the importance of respecting SC CREATIVE's proprietary relationships with vendors, which contribute to the successful execution of projects. Non-disclosure of vendor details helps maintain the trust and confidence of these partnerships.

 

21.3 Focus on Project Outcomes:

By abstaining from requesting specific vendor information, the Client underscores the primary focus on project outcomes, quality, and effectiveness. The emphasis is on the results achieved through SC CREATIVE's expertise rather than the individual contributors.

 

21.4 Trust in SC CREATIVE's Expertise:

The Client's agreement not to request specific vendor details demonstrates trust in SC CREATIVE's abilities to select appropriate tools and partners for the project's success. SC CREATIVE's expertise is trusted to provide the best solutions without compromising proprietary information.

 

21.5 Collaboration on Strategy:

While specific vendor details may not be disclosed, SC CREATIVE remains open to discussing the broader strategies, methodologies, and approaches used to deliver value to the Client. This encourages a collaborative approach that aligns with the project's objectives.

 

21.6 Protecting Competitive Advantages:

Non-disclosure of vendor details ensures that SC CREATIVE's competitive advantages, strategies, and resources remain protected, safeguarding SC CREATIVE's unique position in the market.

 

21.7 Enhancing Collaboration:

By abstaining from requesting specific vendor information, the Client fosters a collaborative relationship based on trust and mutual respect. This approach encourages open communication and cooperation throughout the project's lifecycle.

 

21.8 Commitment to Ethical Conduct:

The Client's commitment to non-disclosure of vendor details aligns with ethical business conduct and helps preserve the integrity of SC CREATIVE's business practices.

 

By accepting this clause, the Client acknowledges the value of maintaining the confidentiality of vendor relationships, demonstrating respect for SC CREATIVE's partnerships while ensuring a productive and transparent collaboration.

 

22. Ownership and Payment:

 

22.1 Transfer of Intellectual Property:

Upon full payment for the services provided by SC CREATIVE, the ownership of the intellectual property associated with the developed website shall be transferred to the Client. This ownership encompasses all creative elements, design assets, codes, graphics, and any other materials created by SC CREATIVE as part of the website development process.

 

22.2 Clear Title and Rights:

The Client will receive a clear and unencumbered title to the website's intellectual property, granting them the exclusive rights to use, modify, and distribute the website's components as they see fit. This transfer of ownership signifies that SC CREATIVE no longer retains any claims to the intellectual property.

 

22.3 Restrictions on Use:

While the Client gains ownership of the website's intellectual property, they are prohibited from using the acquired assets in any manner that infringes upon the rights of third parties or violates any applicable laws or regulations. The Client is responsible for ensuring that the use of the intellectual property aligns with ethical and legal standards.

 

22.4 Exclusivity and Non-Exclusivity:

The transfer of ownership is exclusive to the Client, and SC CREATIVE shall not retain any rights, licenses, or claims to the intellectual property. However, SC CREATIVE may reserve the right to reuse general methodologies, techniques, or concepts that are not specific to the Client's project for other projects, unless explicitly agreed otherwise.

 

22.5 Completion of Payment:

Ownership of the website's intellectual property is contingent upon the completion of full payment for the services provided by SC CREATIVE. Once the agreed-upon payment has been received in its entirety, the ownership transfer process will be initiated.

 

22.6 Documentation of Ownership Transfer:

SC CREATIVE will provide the Client with a written documentation of the transfer of ownership, including details of the intellectual property being conveyed and any relevant licenses or rights associated with it.

 

22.7 Benefit of Ownership Transfer:

The ownership transfer of the website's intellectual property ensures that the Client can continue to use and maintain the website without any dependency on SC CREATIVE. The Client gains the freedom to modify, update, and enhance the website as required, utilizing the acquired intellectual property.

 

22.8 Accountability for Changes and Maintenance:

As the new owner of the website's intellectual property, the Client assumes responsibility for any changes, modifications, or maintenance required for the website's ongoing operation. SC CREATIVE shall not be held liable for any issues or changes that arise after the ownership transfer.

 

By detailing the ownership transfer process upon full payment, this section of the agreement ensures a clear understanding of the intellectual property's transition from SC CREATIVE to the Client. This transfer empowers the Client with the rights and responsibilities associated with the ownership of the website's creative and technical assets.

 

23. Effective Date and Starting Period:

This agreement shall become effective on the earlier of the following dates: the date when the Client formally places the order in writing, verbally confirms their acceptance of the terms, or makes the first payment towards the services provided by SC CREATIVE. Once the effective date is determined, the terms and conditions outlined in this agreement shall be considered legally binding between the Client and SC CREATIVE.

 

23.1 Starting Period:

Upon the effective date of this agreement, the services provided by SC CREATIVE shall commence as per the project proposal and specifications agreed upon by both parties. The starting period will be as per the timelines mentioned in the project proposal, unless otherwise agreed upon in writing.

 

23.2 Early Commencement:

In the event that the Client places the order, confirms acceptance, or makes the first payment prior to the formal effective date of the agreement, the terms and conditions of this agreement shall apply from the point of order placement, verbal confirmation, or payment, as applicable.

 

23.3 Agreement's Binding Nature:

Regardless of the mode of order placement, acceptance confirmation, or payment, the moment the effective date is established, the Client acknowledges and agrees to be bound by all the terms, conditions, and provisions outlined in this agreement.

 

23.4 Clear Communication:

Both parties understand the importance of clear communication regarding the effective date and starting period. Any discrepancies or concerns regarding the determination of the effective date shall be promptly addressed through open and transparent communication between the Client and SC CREATIVE.

 

23.5 Alignment with Project Progress:

The agreement's effective date and starting period are crucial for aligning the commencement of services with the project's timeline, ensuring a smooth initiation of work, and facilitating adherence to the agreed-upon project milestones.

 

By incorporating this point into the agreement, both parties establish a clear understanding of when the agreement becomes binding, ensuring that the terms and conditions apply effectively from the commencement of the project as defined by the project proposal and specifications.

 

24. Termination and Suspension:

Either party reserves the right to terminate or suspend the services provided under this agreement in the event of a breach of its terms or for other justifiable reasons. SC CREATIVE retains the right to terminate services if the Client fails to comply with the agreed-upon payment schedule, breaches any of the terms outlined in this agreement, engages in fraudulent activities, or acts in a manner that is detrimental to the project's progress.

 

24.1 Notice of Termination:

In the event of termination, the non-breaching party shall provide written notice to the breaching party indicating the reason for termination and the effective date of termination. Upon termination, the Client shall be responsible for any outstanding payments for services rendered up to the date of termination.

 

24.2 Suspension of Services:

SC CREATIVE also reserves the right to suspend the services temporarily if there are concerns related to security, data integrity, or other critical issues. Such suspensions will be communicated to the Client with an explanation for the suspension and the expected duration of the suspension.

 

24.3 Effect of Termination or Suspension:

Upon termination or suspension, the Client shall promptly return any materials, data, or assets provided by SC CREATIVE. In the case of suspension, services will be resumed once the underlying issues are resolved to the satisfaction of SC CREATIVE.

 

24.4 No Refund in Case of Termination for Breach:

In the event of termination due to breach of terms by the Client, SC CREATIVE shall not be obligated to refund any payments made by the Client. Additionally, if the termination is due to non-payment, SC CREATIVE shall retain the right to withhold any deliverables until payment is made in full.

 

24.5 No Liability for Termination or Suspension:

Neither party shall be liable to the other for any damages, losses, or claims arising from a termination or suspension that is carried out in accordance with the terms of this agreement.

 

24.6 Survival of Certain Clauses:

Certain clauses of this agreement, including but not limited to confidentiality, limitations of liability, and applicable governing law provisions, shall survive the termination or expiration of this agreement.

 

By agreeing to this clause, the Client acknowledges the circumstances under which SC CREATIVE can terminate or suspend services and the implications thereof. This clause ensures transparency and defines the conditions under which such actions may be taken while safeguarding the interests of both parties.

 

25. Governing Law:

The agreement is governed by the laws of the jurisdiction in which SC CREATIVE is registered.

 

26. Entire Agreement:

The agreement supersedes all prior agreements and discussions.
 


27. SC CREATIVE Brand Ownership and GST Status:

The brand "SC CREATIVE" is the proprietary creation of Shashwata Choudhury. SC CREATIVE is not registered as a formal company or organization but operates through Shashwata Choudhury and associated freelancers. Shashwata Choudhury and its associates provide services as freelancers under the banner of SC CREATIVE.

 

28. GST Rule and Tax Exemption for Freelancers:

According to the Goods and Services Tax (GST) rules in India, freelancers are not required to possess a GST license if their total turnover does not exceed 20 lakhs. In alignment with this GST rule, SC CREATIVE (including Shashwata Choudhury) does not hold a GST license and therefore does not provide GST tax invoices for its services. This implies that SC CREATIVE does not levy any GST tax on its services.

 

By accepting SC CREATIVE's services, the Client agrees to the terms and conditions outlined above.

 

If you have any questions or need further clarifications, please feel free to contact SC CREATIVE at steamsccreative@gmail.com.

 

Last updated: 16/08/2023

 

© 2023 SC CREATIVE. All Rights Reserved.

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