Tterms and Conditions

TERMS & CONDITIONS

This website is owned and operated by KALP MEDIA WORKS LLP (“we”, “our” and “us”).
For all professional bodies who are using this website from all over world. Your use of this website is subject to the Terms of Use as set out below. By accessing and using this website you agree that you have read, understood and accept these Terms of Use. If you do not read or agree with our Terms of Use, you should not access this website.

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. KALP MEDIA WORKS LLP may terminate your contract at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that KALP MEDIA WORKS LLP believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

KALP MEDIA WORKS LLP may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Client and customers upon posting of the modified Agreement to this web address (URL): https://www.kalpmedia.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

DEFINITIONS

In these conditions, the following terms shall have the following meanings:

KALP MEDIA WORKS or KMW means KALP MEDIA WORKS LLP of 1/3932, Bhagwan Pur Khera, Loni Road, Shahdara, Delhi – 110032, INDIA upon whose document these conditions are endorsed.
Customer or Client means the person, film or company or other body using the service of KALP MEDIA WORKS LLP.
Customer’s Property means any of the customer’s works, tapes, films, digital content or other materials, equipment or other property which is the subject of the facilities and is provided to KALP MEDIA WORKS.
Materials means all tapes, films or other materials, digital content provided by KALP MEDIA WORKS pursuant to a booking.
The contract means the contract to which these conditions apply and which incorporates these conditions.
Working Day means a day when the clearing bank in the city of India is open for business, excluding Sunday and public holidays.
Facilities means the pre/post-production equipment, personnel, creative and production facilities and services which KALP MEDIA WORKS is providing to the Customer in accordance with these terms and conditions.

1. FORMATION OF CONTRACT

  • The Services will be carried out in accordance with these Terms, any Quote, and any subsequent Contract for Services to the exclusion of any other terms and conditions the Client seeks to impose whether orally or in writing, unless agreed otherwise in writing by the parties.
  • All representations, conditions or warranties, or other terms concerning the Services which might otherwise be implied or incorporated in this Agreement, whether by statute, common law or otherwise are, to the maximum extent permitted by law, excluded from this Agreement or any variation thereof, unless expressly accepted by KALP MEDIA WORKS in writing.
  • No employee, consultant, freelancer or agent of KALP MEDIA WORKS has the power to vary these Terms orally or in writing, or to make any statement or representation about the Services offered, their fitness for any purpose or any other matter.
  • Upon requesting Services from KALP MEDIA WORKS, the Client shall be deemed to have accepted these Terms and these Terms shall become binding as between the Client and KALP MEDIA WORKS, notwithstanding the absence of any formal acknowledgement.
  • The Client and KALP MEDIA WORKS may enter into a Contract for Services which will constitute a separate binding contract between the parties which shall incorporate (with any necessary changes) these Terms. In the case of any conflict or inconsistency between these Terms and any subsequent Contract for Services, these Terms shall take precedence.

2. PRICES and TERMS of PAYMENTS

  • The rates charged at KALP MEDIA WORKS are those that are published from time to time in KALP MEDIA WORKS ‘s rate card. The rates quoted do not include Service Tax or any other tax, all media stock, courier and delivery charges, meals and long distance telecommunications expenses, and any such Service Tax or external expenses shall be paid by the Customer.
  • Whilst all the time and prices estimates given by KALP MEDIA WORKS are given in good faith and KALP MEDIA WORKS will endeavour to adhere to such estimates, KALP MEDIA WORKS will not be bound by such estimates where they are not met due to the Customer’s changes or other circumstances outside KALP MEDIA WORKS ‘s control and KALP MEDIA WORKS will not be liable for any failure to meet such estimates. KALP MEDIA WORKS will not be responsible for any costs, charges or expenses incurred by the Customer as a result of such failure.
  • Except where these terms and conditions provide otherwise, and subject to paragraph (4.3) below, payment of all fees and charges incurred shall be made to KALP MEDIA WORKS within 30 days of the date of invoice and KALP MEDIA WORKS reserves the right to charge interest on late payment.
  • All sums payable by the Customer shall be paid without any deduction whatsoever, whether by way of set-off, counterclaim or otherwise and for the avoidance of doubt the Customer shall not be entitled to the benefit of any such deduction to which it might otherwise be entitled in law or in equity. KALP MEDIA WORKS shall be entitled in the event of non-payment in whole or in part to enforce any judgment obtained in relation thereto without any stay of execution pending the determination of any claim by the Customer against KALP MEDIA WORKS.
  • KALP MEDIA WORKS reserves the right to require payment of all fees and charges, in full or in part, in advance of the Booking period.
  • Any queries on the invoice must be raised within 14 days of the date of the invoice.
  • KALP MEDIA WORKS shall be entitled to make an adjustment to any quoted prices in the event that additional costs are incurred, or likely to be incurred, by reason of:
    • The Client Materials (or any part thereof) being, in the reasonable opinion of KALP MEDIA WORKS, in any way defective, in an unsuitable format (or a different format to that which KALP MEDIA WORKS is expecting to receive the same) or of unsuitable quality for normal processing.
    • Any information supplied by the Client or any third party in connection with this Agreement and the Services being inaccurate or incomplete, or failing to give KALP MEDIA WORKS a full and accurate indication of the work involved and/or time and resources required.
    • Changes by the Client or any third party in its requirements for the Services or Works.
    • Exceptional circumstances outside the control of KALP MEDIA WORKS, including currency fluctuations and changes in third party costs, or
    • Failure to timely provide any final instructions or Client approvals.

3. PERFORMANCE and DELIVERY

  • Unless otherwise agreed in writing between the parties, all times specified in a Quote or Contract for Services for performance of the Services and delivery of the Works are given in good faith but are not guaranteed by KALP MEDIA WORKS.
  • Notwithstanding that KALP MEDIA WORKS and the Client may have agreed that time is of the essence in respect of specified Services or Works, the time for performance of the Services or delivery of the Works shall in every case be dependent upon prompt receipt of all necessary information, materials (including Client Materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances in clause 2.7 or this clause 3.2 may result in delay in performance or delivery, for which KALP MEDIA WORKS shall not be liable.
  • Where the Works are to be delivered electronically, the Client acknowledges and agrees that:
    • Electronic delivery is not a completely secure medium of communication and that an unauthorised third party may intercept, tamper with or delete the Works to be delivered electronically; and
    • Electronic delivery may involve reliance upon third party providers and data carriers, over which KALP MEDIA WORKS has no control.
  • KALP MEDIA WORKS shall not be responsible for and shall have no liability to the Client or any third party for:
    • Any delay in delivery or any non-receipt of any Works delivered electronically;
    • Any loss or damage (including loss of data) that results from any person gaining unauthorised access to any Works delivered electronically;
    • Use or disclosure of any data obtained by any third party as a result of that third party gaining unauthorised access to any Works delivered electronically; and
    • Any loss or damage resulting from any malfunction of or the introduction of any viruses, worms, logic bombs, time locks, time bombs, trojan horses and/or bugs to any equipment and/or software used to effect and/or receive any s delivered electronically.

4. INTELLECTUAL PROPERTY

  • The Client acknowledges that KALP MEDIA WORKS (or its third-party licensors) owns, and shall retain ownership of, the KALP MEDIA WORKS Intellectual Property, and KALP MEDIA WORKS shall not at any time be required to deliver, license or grant any rights to the Client any of the KALP MEDIA WORKS Intellectual Property whatsoever.
  • The Client acknowledges and agrees that if in the course of performing the Services (including any processing or production of materials on behalf of the Client) KALP MEDIA WORKS: (a) discovers or devises any techniques or know-how or (b) creates any mechanical or electronic devices, software (in source code and object code), libraries, engines, subroutines, data, files, development tools and utilities (in source code and object code form), or any underlying models, rigging, and animation data to provide the Services, all rights of every kind in and to the foregoing shall belong to and vest in KALP MEDIA WORKS and shall be deemed to be KALP MEDIA WORKS Intellectual Property for the purposes of this Agreement.
  • KALP MEDIA WORKS shall retain ownership and possession of, and all rights (including all KALP MEDIA WORKS Intellectual Property Rights) in and to, any original character design, ideas or concepts presented or created by KALP MEDIA WORKS in relation to this Agreement, unless otherwise agreed in writing by the parties. Where the Client requires a licence to use any such original character design, ideas or concepts, for whatever purpose, the terms of such licence shall be agreed by the parties in writing pursuant to a Quote and/or any subsequent Contract for Services.
  • Subject to clauses 4.1 to 4.3 above and any other terms agreed pursuant to a Quote or Contract for Services, all title and Intellectual Property Rights in and to the Works (excluding KALP MEDIA WORKS Intellectual Property), shall pass to the Client only upon the Client paying to KALP MEDIA WORKS all sums due and payable under this Agreement. To the extent required, the parties may agree on terms for the licence of KALP MEDIA WORKS’s Intellectual Property (or any part of it) incorporated into the Works, to enable the Client to receive the benefit of the Works.
  • The Client hereby grants to KALP MEDIA WORKS a perpetual, non-exclusive, transferable, sub licensable, royalty free licence to use the Client Materials to the extent necessary for KALP MEDIA WORKS and/or its suppliers to provide the Services and the Works.
  • The Client acknowledges and agrees that Intellectual Property Rights in and to underlying materials processed by KALP MEDIA WORKS in the performance of the Services and/or embodied in the Works may be owned by third parties and that the use by the Client of the Works shall be subject always to the Client obtaining any and all necessary licences and consents from the relevant underlying rights’ owner(s).

5. CONFIDENTIAL INFORMATION

  • Where Confidential Information has been disclosed to the Client, the Client acknowledges that such Confidential Information has been disclosed in confidence, may have considerable value and is of significant importance to KALP MEDIA WORKS.
  • The Client further acknowledges that KALP MEDIA WORKS makes no representation with respect to the accuracy or completeness of any Confidential Information, except to the extent agreed by KALP MEDIA WORKS in writing.
  • The Client agrees to keep the Confidential Information, including any KALP MEDIA WORKS Intellectual Property provided to the Client pursuant to clause 4, in complete confidence and not to disclose it to any third party. Save as expressly permitted under this Agreement, the Client shall not use, copy in whole or in part, modify or adapt the Confidential Information in any way without KALP MEDIA WORKS’s prior written consent, which may be given or withheld in its absolute discretion.
  • The Client may use the Confidential Information only for the purposes contemplated by this Agreement and for no other purpose. The Client may disclose the Confidential Information to such of its officers, employees and agents to whom disclosure is necessary for the performance of its obligations under this Agreement provided the Client shall ensure such officers, employees and agents observe the obligations of confidentiality imposed by this clause 6 and the Client shall be liable for any failure by them to do so.
  • The Client shall not be in breach of this clause 5 if it discloses Confidential Information where such disclosure is required by law, regulation or order of a competent authority provided that KALP MEDIA WORKS is given, where possible, reasonable advance notice of the intended disclosure and a reasonable opportunity to challenge the same.
  • The Client acknowledges that any breach of its confidentiality obligations under this clause 6 would cause KALP MEDIA WORKS irreparable and unquantifiable damage and that KALP MEDIA WORKS shall be entitled to apply for and obtain (without prejudice to any other rights or remedies available to KALP MEDIA WORKS in contract or at law) interlocutory and/or final injunctive or other equitable relief against or in respect of any actual or threatened breach of this clause 5 by the Client.
  • On receipt of a written demand, the Client shall return to KALP MEDIA WORKS, or destroy at KALP MEDIA WORKS’s option, any and all written documents or materials containing Confidential Information, together with all copies thereof, and if KALP MEDIA WORKS should so require the Client shall, when returning documents or materials, provide to KALP MEDIA WORKS a certification or statutory declaration duly executed by an officer of the Client confirming that, to the best of the declarant’s knowledge, information and belief, the Client has complied with all of its obligations under this clause 5.

6. CANCELLATION

  • In its absolute discretion, KALP MEDIA WORKS may at any time permit cancellation by the Customer of a booking or order and reserves the right to cancel any booking or order in the event of any breach of these terms and conditions by the customer.
  • In the event of any such cancellation being permitted or instigated by KALP MEDIA WORKS less than one full 24 hour working day before the start of the Booking Period, the booking will be charged at the full rate under KALP MEDIA WORKS’s rate card current at the date of cancellation.
  • In the event of such cancellation being permitted or instigated by KALP MEDIA WORKS between three and one full 24 hour working days before the start of the Booking Period, the booking will be charged at 50% of the full rate under KALP MEDIA WORKS ‘s rate card current at the date of cancellation.
  • In addition to the above-mentioned cancellation charges, KALP MEDIA WORKS will be entitled to be reimbursed with any costs or expenses which it may have incurred with the knowledge and approval of the Customer.

7. LIABILITY and INDEMINITY

  • Nothing in this Agreement shall exclude or in any way limit either party’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.
  • Subject to clause 7.1 and without prejudice to any other provision of these Terms, the Client agrees that:
    • This Agreement states the full extent of KALP MEDIA WORKS’s obligations and liabilities in respect of the Works and performance of the Services;
    • UNDER NO CIRCUMSTANCES SHALL KALP MEDIA WORKS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE OR BUSINESS PROFITS, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL, LOSS OF USE OR CORRUPTION OF DATA OR SOFTWARE, WHETHER ON A DIRECT OR INDIRECT BASIS;
    • KALP MEDIA WORKS’s entire liability for any direct loss suffered by the Client under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall, subject to the limitations expressly set forth herein, not exceed the fees paid by the Client in accordance with this Agreement; and
    • This clause 7.2 is reasonable and necessary in the circumstances and, having regard to that fact, does not take effect harshly or unreasonably against the Client.
  • The Client shall indemnify and hold harmless KALP MEDIA WORKS and its parent companies, affiliates and subsidiaries and their respective officers, directors, employees and agents (collectively, “KALP MEDIA WORKS Indemnitees”) from and against all claims, judgements or proceedings and all costs, liabilities, losses, expenses and damages of any kind (including reasonable legal and other professional fees and expenses) awarded against, or incurred or paid by, any of the KALP MEDIA WORKS Indemnitees as a result of or in connection with:
    • Any defamatory, slanderous or libellous matter or invasion of privacy or any infringement or alleged infringement of a third party’s Intellectual Property Rights or other rights arising out of the supply or use of the Client Materials in relation to the Works and/or in the course of carrying out the Services;
    • Any damage to property caused by KALP MEDIA WORKS in the course of carrying out the Services as a result of any act or omission of the Client (including its officers, employees, consultants, freelancers and agents);
    • The publication, processing, use, distribution and/or exhibition of the Client Materials;
    • KALP MEDIA WORKS carrying out any of Client’s written instruction(s) or following the written instructions of Client (including, but not limited to, any claim that Client does not have full and lawful authority to place or authorize KALP MEDIA WORKS to execute an order with KALP MEDIA WORKS in respect of the Client Materials); and
    • Any breach by the Client, including its officers, employees, consultants, freelancers and agents, of any of these Terms or the terms of any Contract for Services.
  • Clause 7.3 above shall apply whether the Client, or its officers, employees, consultants, freelancers or agents, have been negligent or otherwise.
  • Any recommendations or suggestions by KALP MEDIA WORKS relating to the use of the Works are given in good faith but it is for the Client to satisfy itself of the suitability of the Works for its own particular purpose. Accordingly, unless otherwise expressly agreed in writing, KALP MEDIA WORKS gives no warranty as to the fitness of the Works for any particular purpose, even though that purpose may be specified in the applicable Quote or Contract for Services, and any implied warranty or condition (statutory or otherwise) to that effect is excluded.
  • Each party will only look to the other party and not to any director, officer, employee, consultant, freelancer or agent of the other party for satisfaction of any claim, demand or cause of action for damages, injuries or losses incurred as a result of the other party’s action or inaction.

8. INSURANCE

  • Risk of damage to or loss of the Materials shall pass to the Customer on delivery, or if the Customer fails to take delivery, when KALP MEDIA WORKS tenders delivery.
  • The customer acknowledges that it is not possible for KALP MEDIA WORKS to obtain insurance against any lost costs of production arising from loss or damage to the customer’s property.
  • Accordingly, the customer shall take out and maintain such insurance cover against all risks as is necessary or usual in connection with production (including pre/post production), including lost production costs caused on loss or damage to the customer’s property (and its content) whilst under the custody or control of KALP MEDIA WORKS.

9. STORAGE OF CLIENT MATERIALS

  • KALP MEDIA WORKS shall be under no liability whatsoever in respect of any loss or damage to or destruction of the Client Materials (whether such Client Materials are in the possession of KALP MEDIA WORKS or otherwise) and it is the Client’s responsibility to ensure that it has appropriate back-up copies of all Client Materials.
  • In accordance with clause 8 above, the Client shall insure all Client Materials to their full value against all risks. Client hereby waives all rights of subrogation with respect to losses covered by its insurance policies or coverage.
  • The Client shall provide details to KALP MEDIA WORKS for the return of the Client Materials within two (2) months from the date of confirmation of a Quote or Contract for Services, as applicable. If the Client does not provide KALP MEDIA WORKS with details for the return of the Client Materials, KALP MEDIA WORKS shall send the Client Materials to its archive upon completion of the Services and KALP MEDIA WORKS shall be entitled to charge the Client reasonable storage charges for doing so. If Client fails to remove the Client Materials and Works, KALP MEDIA WORKS may dispose of the same without liability to Client or any other person.
  • Where Client Materials are supplied or specific instructions are given by the Client, KALP MEDIA WORKS accepts no liability for any reduction in the quality of the Services caused by defects or errors in or the unsuitability of such Client Materials or by KALP MEDIA WORKS’s use of the Client Materials or adherence to any of the Client’s specific instructions.

10. PUBLICITY and ADVERTISMENT

  • KALP MEDIA WORKS may publicise, advertise and market the Works on its website(s), social media site(s), blog(s), in pitches to third parties, in connection with any appropriate industry awards, or in any other manner, as KALP MEDIA WORKS may in its sole discretion decide, without the prior written consent of the Client.
  • The Client hereby grants to KALP MEDIA WORKS a perpetual and royalty free licence to use the Works throughout the world for the purposes of clause 10.1 above and in order for KALP MEDIA WORKS to promote its business by whatever means it sees fit.

11. NON-COLLECTION

  • KALP MEDIA WORKS shall be entitled to destroy, erase or otherwise dispose of as it thinks fit any materials or customer’s property in its possession and uncollected by the customer after the expiration of six months from the end of the booking period, and while uncollected by the customer, such materials or customer’s property shall be held by KALP MEDIA WORKS at the customer’s risk as stated above.

12. FORCE MAJEURE

  • In the event of the performance of any obligation accepted by KALP MEDIA WORKS being prevented, delayed, or in any way interfered with by government, war, industrial dispute, strike, breakdown of machinery or equipment, accident, fire or by any other cause beyond KALP MEDIA WORKS’ control, KALP MEDIA WORKS may at its option suspend performance or cancel its obligations under the contract without liability for any damage or consequential loss resulting therefrom such suspension or cancellation being without prejudice to KALP MEDIA WORKS’ right to recover all sums owing to it in respect of goods delivered and costs incurred to date.

13. RELATIONSHIPS

  • The Client agrees not make an approach to any Company sub-contractors, agents or employees with a view to contracting with the sub-contractors, agents or employees of the Company directly to work independently of the Company.

14. GENERAL

  • All notices given in accordance with these terms and conditions shall be writing and it to our official website kalpmedia.comor delivered to registered office address of KALP MEDIA WORKS LLP. A notice shall be deemed to have been properly served if personally delivered, at the time of delivery, and if posted, forty-eight hours after posting. In providing service it shall be sufficient to show that the notice was delivered to the correct address or that the envelope containing the notice was properly addressed, pre-paid and posted.
  • No variation of these terms and conditions shall be effective unless made in writing and signed by a duly authorised director of KALP MEDIA WORKS and the Customer.

LEGAL

  • The contract shall be governed and interpreted exclusively according to the Indian Law and shall be subject to the jurisdiction of the Indian Courts only.

Note:- Revision update in May 2017

Back to Top
Back to Top
Close Zoom
Context Menu is disabled by theme settings.