Thank you for choosing Vybepop Media Pvt. Ltd.
These Terms and Conditions outline the rules governing your access to and use of our website and the services provided by us. The purpose of these terms is to clearly explain the rights, responsibilities, and expectations between you and the Company.
This document establishes a transparent framework intended to ensure a safe, reliable, and professional engagement while safeguarding the interests of both parties involved. By defining the policies that apply when you access or use our Services, these Terms clarify the legal relationship between you and Vybepop Media Pvt. Ltd.
We encourage you to read this document carefully so that you fully understand your rights and obligations before using our Services.
1. Definitions
For the purposes of this Agreement, unless the context otherwise requires:
- Agreement / Terms and Conditions / Terms — Refers to this document along with any related quotations, proposals, service scope, or obligations issued by the Company. These collectively represent the complete agreement between the Parties and replace any prior discussions, arrangements, or communications whether written or verbal. Any amendment must be made in writing and approved by an authorized representative of the Company.
- Company — Means Vybepop Media Pvt. Ltd., including its successors and permitted assigns, providing services under this Agreement.
- User / You — Refers to any individual, organization, client, or visitor who accesses or uses the Company’s Services.
- Parties / Party — Collectively refers to the Company and the User, and individually to either of them.
- Service / Project — Includes services offered by the Company such as branding, content production, video production, digital marketing, social media marketing, website development, creative design, campaign management, and related media services, but not limited to these, as described in the quotation or proposal.
- Quotation — Refers to the written proposal, estimate, or pricing document issued by the Company describing the scope, deliverables, fees, and timelines of the Services.
- Deliverables / Source Files — Means the final outputs, assets, creative materials, campaigns, files, designs, reports, or other project outputs created and delivered by the Company subject to full payment.
- User Materials — Refers to any content, documents, data, brand assets, logos, information, or materials supplied by you for the purpose of performing the Services.
- Company’s Work — Includes all creative work, strategies, campaigns, designs, videos, digital assets, or materials created by the Company while performing the Services.
- Confidential Information — Means any proprietary, financial, business, or technical information shared between the Parties that is not publicly available.
- Intellectual Property Rights — Refers to all copyrights, trademarks, design rights, patents, trade secrets, and other ownership rights related to creative work or deliverables.
- Arbitration — Means dispute resolution through arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.
- Business Day — Means any day excluding Saturdays, Sundays, or public holidays when businesses are generally operational in Noida.
2. Agreed Upon Terms
- These Terms govern your use of the Company’s Services and form a binding Agreement between you and the Company.
- Any additional terms mentioned in the quotation or proposal will apply only if expressly accepted by the Company.
- The Company reserves the right to update or modify these Terms at any time. Any changes will become effective once published on the Company’s website or communicated to users. Continued use of the Services after such updates will be considered acceptance of the revised Terms.
3. Scope of the Services
- The Company agrees to provide Services as outlined in the quotation or service proposal.
- The Company may temporarily suspend certain services for maintenance, upgrades, or operational improvements when necessary. Reasonable efforts will be made to minimize disruption.
- During the project duration, you will have a limited and non-exclusive right to use the Services for internal business purposes, subject to full payment for the Services.
- Where multiple creative options or concepts are provided within a package, the user shall be entitled to select one final option unless otherwise specified.
- The Services you receive will be limited strictly to the scope mentioned in the quotation or package selected.
- Upon completion of the project and receipt of full payment, ownership rights of the final deliverables will transfer to you, except where otherwise stated in the termination clause.
4. Revisions and Updates to the Services
- If you request modifications, upgrades, or additional services beyond the agreed scope, additional charges may apply.
- Any such revisions or change requests must be confirmed in writing through email or another mutually agreed communication method.
5. User Obligations and Undertakings
- You must provide accurate and timely information, materials, and instructions required for the Company to perform the Services.
- The Company will not be responsible for delays or losses caused by inaccurate or incomplete information provided by you.
- You are responsible for reviewing and approving all deliverables within the specified timeline.
- You must ensure that all materials supplied to the Company do not violate intellectual property rights or applicable laws.
- You must make all payments in accordance with the agreed payment terms.
- Any confidential methods, tools, or strategies shared by the Company must not be disclosed to third parties without permission.
- Deliverables must not be misrepresented or altered in a way that damages the Company’s reputation.
- Certain Services may involve third-party platforms such as Google, Meta, LinkedIn, or similar services. The Company shall not be responsible for issues caused by changes or policies of such platforms.
- When access to accounts, servers, or platforms controlled by you is required, you must provide secure access and necessary permissions.
- Ownership rights of the Company’s work will transfer to you only after full payment is received.
6. Service Payment and Fees
- All payments must be made according to the quotation or invoice issued by the Company.
- Any advance payment made once the project begins will generally be non-refundable, except where cancellation occurs within 24 hours of the initial payment.
- Payments may be accepted through Credit Cards, Razorpay, UPI, and Bank Transfers (NEFT & IMPS) as specified by the Company.
- Failure to make payments within the agreed timeline may result in suspension of Services until outstanding dues are cleared.
- Final deliverables and source files will only be provided after full payment has been received.
- Additional invoices may be raised if additional services are requested beyond the original quotation.
- Applicable taxes, deductions, or statutory charges may apply as per government regulations.
- You agree to reimburse reasonable expenses incurred by the Company in relation to project execution when applicable.
7. Intellectual Property and Confidentiality
- All materials provided by you remain your property and will only be used by the Company to deliver the Services.
- All creative concepts, strategies, and assets developed by the Company remain its intellectual property until full payment is received.
- Even after ownership transfer, the Company may use completed work in its portfolio or promotional materials.
- Both parties agree to maintain confidentiality of sensitive information for a period of five (5) years after the termination of this Agreement unless disclosure is required by law.
8. Limitation of Liability
- Neither party will be liable for indirect or consequential losses such as loss of profits, revenue, or business opportunities.
- The Company will make reasonable efforts to deliver services professionally but cannot guarantee specific results.
- The Company shall not be liable for losses caused by third-party platforms, regulatory decisions, or external factors beyond its control.
- These limitations will remain valid even after the termination of the Agreement.
9. Termination
This Agreement may be terminated:
- By either party with 15 days written notice, subject to settlement of any outstanding payments.
- If the Company ceases operations or becomes unable to perform the Services.
- If the User remains inactive or unresponsive for six months, the Company may close the project without further obligation.
10. Force Majeure
- Neither party will be responsible for delays caused by events beyond reasonable control including natural disasters, war, government actions, or other unforeseen circumstances.
- The affected party must inform the other party as soon as possible.
- Service timelines may be extended for the duration of such events.
11. Notice
- All official communication regarding this Agreement will be sent through email.
- Notices will be considered effective on the next business day after being sent.
12. Waiver
Failure by the Company to enforce any provision of this Agreement at a particular time shall not be considered a waiver of its rights.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to remain valid.
14. Entire Agreement
These Terms represent the complete Agreement between you and Vybepop Media Pvt. Ltd. regarding the use of our Services.
15. Third-Party Rights
This Agreement applies only to the User and the Company and does not grant rights to any third party.
16. Governing Law and Dispute Resolution
- This Agreement shall be governed by and interpreted in accordance with the laws of India, and any disputes arising out of or relating to this Agreement shall fall under the exclusive jurisdiction of the courts located in Noida.
- In the event that any dispute, claim, or difference arises between the Parties in relation to this Agreement or the Services provided, and the same cannot be resolved through mutual discussions, either Party may issue a written notice to the other Party specifying the nature of the dispute and expressing the intention to refer the matter to arbitration.
- Such dispute or difference shall be referred to arbitration and shall be finally resolved by a sole arbitrator mutually appointed by both Parties. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendments made from time to time. The venue of arbitration shall be Delhi, and the language used in the arbitration proceedings shall be English.
- The decision or award passed by the arbitrator shall be final and binding on both Parties and shall be enforceable in any court having competent jurisdiction. The costs of arbitration shall be borne by the Party against whom the award is made, unless otherwise decided by the arbitrator.
- Nothing contained in this Agreement shall prevent either Party from approaching a court of competent jurisdiction for interim relief, injunctive orders, or other urgent legal remedies, either before or during the arbitration proceedings, in order to protect their rights or interests until the dispute is finally resolved.
By using our Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Continued use of the Services indicates acceptance of any updates made to these Terms.