Terms & Conditions

By using this website, you agree to be bound by these Terms and Conditions of Use, all relevant laws and regulations, and that you are responsible for complying with any applicable local laws. If you do not agree with any of these conditions, you are not allowed to use or access this website. Birspark LLP is pleased to offer you with their Terms & Conditions, which will apply to you and the services provide to you and work we perform for you. The contract between us for the providing of birspark services is defined by these Terms & Conditions and the Quote/Production Estimate provided to you.

birspark will provide the services listed in the Quote/Production Estimate. The scope of the required work may vary as a project progresses. Where this is the case, we will try to resolve it with you as soon as possible in order to agree on any changes to the scope of the Services and the Quote/Production Estimate that may be necessary. If any changes require in service, we will provide you required services with applicable charges.

To enhance the effectiveness of birspark LLP, we must work with you as a team. birspark’s team will depend on you (or your other advisers) to provide correct information. birspark will assume any information you provide is complete and correct until you notify us.

Payment Terms – The cost for the service/Project plus applicable Tax to be paid while purchasing or within 14 days period to the Birspark LLP bank account. All out-of-pocket expenses such as outstation travel, stay, etc incurred by the Agency, as part of this assignment, would be borne by the Client. Such out of pocket expenses will be incurred by the Agency only after specific approval from the Client. Similarly charges for any other service/work which is not part of the package/quote, purchase of licensed images, music and content, and any other service, etc. if applicable, will be charged extra.

It is your responsibility to provide us with the necessary information about your business and marketing aims. Birspark LLP takes no responsibility for faults in your material. Any resulting adjustments may be charged at usual rates. Unless otherwise specified, it is your responsibility to provide the essential text and graphic resources that comprise the work’s content. Unless otherwise agreed, all content must be provided in an acceptable digital format. Failure to provide content/material/data in an easily accessible manner may result in extra costs for recreating/retying.

birspark LLP will assume that any images/videos/other assets submitted to us are either owned by the Client or obtained from stock libraries and licenced to the Client for usage.

Confidentiality – Birspark shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client’s specific prior consent, otherwise than in compliance with statutory requirements.

However, we may disclose your documents and affairs to:

(i) such of your other service providers as you advise birspark are participating in any assignment on which birspark is directed;

(ii) affiliates or affiliated parties of birspark; and

(iii) any other service provider to which birspark may delegate parts of any assignment in order to offer you with a complete range of services.

Intellectual Property – All creative works, design plans, unique campaign ideas, slogans, illustrations, graphics, production services, public and other marketing material accepted by birspark, shall be your property upon payment in full to birspark LLP for the relevant materials, except to the extent that any intellectual property rights therein have been reserved by birspark or third parties engaged or employed by birspark LLP.

Portfolio right – Birspark reserves the right to include your project on their website, social media, or in any other way to promote our work and compay

Working Files and Copyright- Our working files are legally owned by birspark. Working files are our intellectual property, which includes but is not limited to design concepts, design components, infographics, typefaces, and photography. As part of our projects, we do not disclose working files. If you want working files, please request them and we will provide a pricing for this release.

Deliverables – While purchasing any service or plan as mention in a quote or website at the time of purchasing or making deal.

Force Majeure – Neither the Client, nor the Agency, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, accident, or acts of God and/or nature.

Modification in Terms – Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by the authorized officials of the Client and the Company.

Termination – Client shall notify the Birspark LLP in writing one(1) month in advance whenever they would like to discontinue the engagement and vice versa. In case of termination Client will pay the amount invoiced till the termination date to Birspark LLP. After Termination of contract all data has been erased by Birspark. If any Raw data needed which will not include in service or at the time of making deal they can get it with applicable charges.

Arbitration – Any dispute, difference or question arising out of this agreement shall be settled amicably between the client and birspark.

Governing Law – The Client and the Agency shall comply with all statutory regulations. This agreement will be subject to Lucknow jurisdiction.Liability – Our entire liability to you under this contract, whether in contract or tort, shall not exceed the whole sum paid by you. We will not be liable for any loss of profits, business, revenue, goodwill, or anticipated savings, as well as any other indirect or consequential loss.Variation – These Terms and Conditions (and/or the contents of any agreement to which they apply) may be amended or replaced at any time by written agreement between us. Unless otherwise agreed, any such adjustment shall have no effect on any existing rights or obligations of either of us. 

Miscellaneous – 

  • The Retainer amount is subject to increment if the Scope of Work or Duration increases beyond the deliverables or expectancy.
  • In any Public/Historical/heritage/any other place the client wants Video Production/Photography service at that place then client needs to take the permission and give applicable charges of that place. If Client wants us to do that then they have to inform us prior, and give the applicable charges of that place.
  • We are not grantee you that managing Social Media by us provide you fame.
  • Any service (not include in package) will be provided with applicable charge.
  • The ad Campaign service if in the package for running ads across social media the amount has to paid by the client only.
  • birspark reserves the right to refuse or cancel any service/project placed listed at the incorrect price. birspark reserves the right to refuse or cancel any such service/project whether or not the order has been confirmed and your credit card charged.
  • If your credit card has already been charged for the purchase and your order is canceled, birspark shall issue a credit to your credit card account or other account that has been taken by you in the amount of the incorrect price.
  • Before taking any service client has to do a full payment/60% advanced payment(except for the monthly package) before taking any service.
  • For the monthly package, the client has to do the full payment.
  • For printing, the client has to do the full payment/60% advanced payment before printing.
  • For printing, if the client approved the design for printing before the printing process and asked for the changes then no changes will be entertained.
  • For Website, client needs to share the content if not then applicable charges will be applied for content writing.