Terms & Conditions For Flying Elephant Designs
Welcome to Flying Elephant Designs - an ecosystem of creativity that go the extra mile to help brands become the brands they aspire to be.
Please note that any interaction with Flying Elephant Designs (“FED”), either on this website, across all their social media platforms, brochures or other creatives providing information on FED/ its activities, in their office or any other in-person or virtual meetings (together referred to as “Platform” hereinafter) shall be governed by these terms and conditions. By interacting in any form with the Platform – whether as a viewer, visitor, participant, client, collaborator, interested party, guest, vendor, student, partner or in any form whatsoever, you agree to be bound by these Terms and Conditions (“T&C”). Please be advised that FED reserves the right to modify, supplement, suspend, discontinue or otherwise revise the T&C, as well as the content available across the Platform, including the prices for their products and services, at any time, without any prior notice.
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Work:
Collaborative process: At the heart of FED's work process are collaboration, punctuality, and professionalism. We strictly adhere to timelines, recognizing the customized nature of our deliverables tailored to each client's unique needs and preferences. This collaborative design process necessitates regular client inputs and feedback. No designs on a given mandate are finalized without the client's final signoff.
Caveat: Consequently, the entire process is contingent on the speed and clarity of client responses, whether for feedback or requested information. Timelines provided by FED are inherently subject to the client's active participation in the creative process.
Confidentiality: FED is deeply committed to upholding the confidentiality of client data, business inputs, and other sensitive information received during service provision.
External Vendors: There may be times that FED may use external vendors to complete certain project requests that are outside FED’s regular service offerings. It is clarified that in such cases, FED is merely acting as an introducer of service providers to the client and has no liability or connection whatsoever to the quality or the standard of such vendor-provided product or service.
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Payment and Refund:
Payment:
Advance payment: Finalization and commencement of work on any mandate shall only be made on receipt of 50% of the full fees as advance payment. It is clarified that no work will begin on a mandate without receipt of the aforementioned advance payment.
On-going/ retainer payments: On-going or retainer payments must be made in advance for the month following the payment. Any delay beyond 7 days in making such payment would entitle FED to suspend all work on the mandate and retain such raw and ready files in their possession until full payment of the retainer is received in their account.
Rush fees: In the event the client requires expedited service on any mandate (meaning that the turn-around time on the order is 48 hours or less from the time of placing the order), a non-refundable rush fee shall apply to the mandate. The amount of rush fees shall be communicated to the client in advance, and it is only upon receipt of the advance amount (including the rush fees) that work will start on the order.
All payments made to FED shall be subject to applicable taxes;
FED reserves the right to refuse services to any person/entity at any time;
No Refund:
All payments once made are strictly non-refundable and non-transferable under any circumstances.
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General Terms of Use:
Informational purposes:
The purpose of the Platform is to provide information about FED, its products & services, courses, events, and other related services.
You agree to use and engage with the Platform only for lawful purposes and in a manner that does not violate any applicable laws or regulations (including but not limited to applicable intellectual property laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the T&Cs will result in an immediate termination of any FED products and/or services availed by you.
Promotional use:
FED retains the right to use images, videos, audio and/or a combination thereof, whether they be part of commissioned work, artwork, brand portfolio, product portfolio etc. solely at their discretion, for promotion or information of their products and services;
Intellectual property:
All content, materials, and intellectual property displayed on the Platform including but not limited to text, images, logos, graphics, audio, materials, teaching methodology and video (“Content”), are the property of FED and/or its licensors, if any, and are protected by applicable intellectual property laws.
You may not use, record, copy, reproduce, distribute, modify, resell, make any derivative works of and/or display any of the aforementioned Content from the Platform (including products listed on the FED website/online store) or any of its courses/classes, without express written permission from FED.
External links:
The Platform may contain links to third-party websites or resources. FED is not responsible for the content, accuracy, or availability of these external sites.
The inclusion of any external links on the Platform does not imply endorsement or affiliation with the linked site.
Privacy:
At FED, we take your privacy seriously. We are committed to safeguarding any personal information you provide to us. This may include your name, contact details, and other data necessary for providing our products/services or accessing the Platform. We use this information solely to provide our services and improve your experience with us. We do not share your personal data with third parties without your explicit consent, except when required by law or except to the extent it is required for us to provide our services to you. By using our services or visiting our website, you consent to the terms of this Privacy Policy. If you have any questions or concerns about how we handle your data, please contact us at info@flyingelephantdesigns.com
Disclaimer of Warranties:
FED makes reasonable efforts to ensure the accuracy and reliability of the information provided on the Platform. However, we do not warrant or guarantee the completeness, accuracy, or timeliness of the content.
Your use/engagement with the Platform is at your own risk. FED disclaims any liability for any errors, omissions, or inaccuracies on the Platform.
Limitation of Liability:
FED shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Platform or any linked external sites.
In jurisdictions where limitations on liability are not permitted, our liability shall be limited to the fullest extent permitted by law.
Non-disparagement:
You agree not to engage in any conduct or communication, whether oral, written, or otherwise, that could reasonably be construed as disparaging, defamatory, or damaging to the reputation, goodwill, or business interests of FED. This includes but is not limited to public statements, social media posts, online reviews, or any other form of communication.
You acknowledge that any dissatisfaction or concerns regarding the services provided by FED will be promptly communicated to FED in a constructive manner, allowing an opportunity for resolution.
Breach of this non-disparagement clause may result in legal action and could lead to financial consequences for the client. This provision survives the termination or completion of the agreement between You and FED.
By engaging with the Platform in any manner, whether as a viewer, a potential, past or present client, or a collaborator, you agree to refrain from making any disparaging remarks or comments about FED and its services.
Indemnification:
You agree to indemnify and hold harmless FED, its affiliates, employees, and agents from any claims, losses, liabilities, or expenses arising from your use of the Platform or violation of these T&C.
Governing Law and Jurisdiction:
These T&C shall be governed by and construed per the laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute and/or claim arising out of these T&C or your use of the Platform.
These T&C shall supersede any prior agreements, communications, and proposals both written and oral including by not limited to any prior versions of the T&C. Also, any ambiguities in the interpretation of such terms shall not be construed against FED.
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Contact:
For any questions or concerns regarding these T&Cs or the Platform, please contact us at info@flyingelephantdesigns.com