Terms and Conditions

Last Updated: February 1, 2026

Welcome to Brandwick. These Terms and Conditions (“Terms”) govern your use of our website at brandwick.com (the “Website”) and the professional services we provide. By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Website or services.

Continued use of our Website or services constitutes your acceptance of these Terms and any modifications we may make to them.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Brandwick (“we,” “us,” or “our”), a digital agency operating in Delhi, India. By using our Website or engaging our services, you:

  • Acknowledge that you have read, understood, and agree to be bound by these Terms
  • Agree to comply with all applicable laws and regulations
  • Accept that these Terms may be modified at our discretion, with changes becoming effective upon posting to our Website

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Delhi, India.

2. Services Overview

Brandwick is a full-service digital agency based in Delhi, India, providing professional services to clients worldwide. Our core service offerings include:

  • Strategy Consulting: Digital strategy, market research, competitive analysis, and business transformation consulting
  • Brand Identity Design: Logo design, visual identity systems, brand guidelines, and brand positioning
  • UX/UI Design: User experience research, interface design, prototyping, and usability testing
  • Web Development: Custom website development, e-commerce platforms, content management systems, and web applications
  • Mobile App Development: Native and cross-platform mobile applications for iOS and Android
  • Digital Marketing: Search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content marketing, and email marketing campaigns

Services are provided on a project basis as outlined in individual proposals and statements of work (“SOW”). Each SOW will detail specific deliverables, timelines, and pricing for the agreed-upon scope of work.

3. Client Eligibility

Our services are exclusively offered to businesses and organizations. To engage our services, you must:

  • Be at least 18 years of age if representing yourself as an individual business owner
  • Have the legal authority to enter into binding contracts on behalf of your organization
  • Represent a legitimate business entity or organization, not a personal or individual consumer capacity

We do not provide services to minors (individuals under 18 years of age). By engaging our services, you represent and warrant that you meet all eligibility requirements.

4. Service Process

Our typical project workflow follows these stages:

4.1 Discovery & Consultation

We conduct an initial consultation to understand your business objectives, project requirements, target audience, and desired outcomes. This phase may involve meetings, questionnaires, and stakeholder interviews.

4.2 Proposal & Statement of Work

Based on the discovery phase, we provide a detailed proposal and SOW outlining project scope, deliverables, timeline, pricing, payment terms, and any assumptions or exclusions. The SOW becomes binding upon your written acceptance and payment of the initial deposit.

4.3 Initial Deposit

Work commences upon receipt of the initial deposit as specified in the SOW. No work will begin without payment of this deposit.

4.4 Development & Execution

We execute the project according to the agreed SOW. This phase may include design concepts, development sprints, content creation, and regular progress updates. Client participation, feedback, and timely provision of required materials are essential during this phase.

4.5 Revisions

Revision rounds are specified in the SOW. Clients may request changes within the agreed scope during these revision cycles.

4.6 Delivery

Upon completion, final deliverables are presented to the Client for review and testing within a specified acceptance period.

4.7 Final Payment & Project Closure

Final payment is due upon delivery or acceptance of deliverables. Full intellectual property rights transfer to the Client upon receipt of final payment (see Section 8).

5. Payment Terms

5.1 Deposit Requirements

Unless otherwise specified in the SOW, a non-refundable deposit of 50% of the total project fee is required before work commences. This deposit secures your project slot in our schedule.

5.2 Milestone Payments

For larger projects, payments may be structured around specific milestones or deliverables as outlined in the SOW. Work on subsequent phases will not commence until payment for the previous milestone is received.

5.3 Payment Due Dates

Unless otherwise specified, invoices are payable within 15 days for small to medium projects (net 15) or within 30 days for enterprise-level engagements (net 30). Payment terms will be clearly stated on each invoice.

5.4 Late Payments

Payments not received by the due date will incur a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. We reserve the right to suspend work and withhold deliverables until payment is received. Continued non-payment may result in project termination and collection proceedings.

5.5 Accepted Payment Methods

We accept the following payment methods:

  • Bank transfer (NEFT/RTGS/IMPS) to our Indian bank account
  • Unified Payments Interface (UPI) for Indian clients
  • Credit/debit cards via Stripe payment gateway
  • International wire transfers for overseas clients

All payment processing fees, transaction charges, and currency conversion costs are the responsibility of the Client unless otherwise agreed in writing.

6. Revisions & Scope Creep

6.1 Included Revisions

Each project includes a specified number of revision rounds (typically 2-3 rounds) as detailed in the SOW. Revisions must be within the original scope of work and requested during the designated review periods.

6.2 Additional Revisions

Revision requests beyond the included rounds will be billed at our standard hourly rates, which range from USD 50 to USD 150 per hour depending on the complexity and seniority of resources required. Time estimates for additional revisions will be provided before work begins.

6.3 Scope Creep & Change Orders

Any requests for work outside the original SOW constitute a change in scope and require a formal change order. This includes:

  • Additional features or functionality not outlined in the original SOW
  • Expanded deliverables or additional pages/screens
  • Integration with third-party services not originally specified
  • Fundamental changes to approved designs or strategic direction

Change orders will include revised timelines, costs, and payment terms. Work on changes will commence only after the Client approves the change order in writing and any required additional deposit is received.

7. Delivery & Acceptance

7.1 Timeline Estimates

Project timelines provided in the SOW are estimates based on our current workload and the assumption of timely Client cooperation. While we make every effort to meet projected deadlines, timelines are not guarantees. Delays caused by Client-side factors (late feedback, delayed approvals, unavailable resources) may extend the delivery schedule.

7.2 Client Testing Period

Upon delivery of final deliverables, the Client has 7 business days to test and review the work. During this period, the Client should identify any defects, bugs, or deviations from the agreed specifications.

7.3 Acceptance Process

Deliverables are considered accepted under any of the following conditions:

  • Client provides written acceptance
  • 7 business days pass without Client objection
  • Client deploys or publicly uses the deliverables

Issues identified during the testing period that fall within the original scope will be addressed at no additional cost. Issues outside the original scope or discovered after the testing period may be subject to additional charges.

8. Intellectual Property Rights

8.1 Portfolio & Marketing Rights

Brandwick retains the right to showcase completed projects in our portfolio, case studies, marketing materials, and on our Website. This includes displaying screenshots, descriptions, and results of the work performed. If you require confidentiality regarding your project, please inform us in writing before work begins.

8.2 Ownership Transfer

Upon receipt of final payment in full, all intellectual property rights in the custom work created specifically for the Client (including designs, code, content, and deliverables) will transfer to the Client. Until final payment is received, Brandwick retains all ownership rights to the work product.

8.3 Pre-existing Materials & Third-Party Components

Brandwick retains ownership of:

  • Pre-existing methodologies, tools, templates, and frameworks
  • Third-party software, plugins, themes, or components incorporated into the project
  • Open-source software and libraries used in development

The Client receives a license to use these materials as part of the delivered project, subject to any applicable third-party licenses.

8.4 Client-Provided Materials

The Client represents and warrants that all content, images, trademarks, and materials provided to Brandwick are owned by the Client or properly licensed for use. The Client grants Brandwick a non-exclusive license to use these materials for the purpose of completing the project.

9. Client Responsibilities

To ensure successful project completion, the Client agrees to:

  • Timely Feedback: Provide feedback, approvals, and requested information within agreed timeframes (typically 5-7 business days)
  • Content & Assets: Supply all required content (text, images, videos, data), brand assets, and reference materials in suitable formats
  • Access & Credentials: Provide necessary access to hosting accounts, domain registrars, third-party services, and existing systems
  • Technical Infrastructure: Arrange and maintain domain registration, hosting services, SSL certificates, and email services as required
  • Decision-Making Authority: Designate authorized representatives with decision-making authority for project approvals
  • Cooperation: Participate in scheduled meetings, respond to queries promptly, and collaborate constructively throughout the project

Failure to meet these responsibilities may result in project delays, additional costs, or project suspension. Timeline extensions due to Client delays may be subject to additional fees.

10. Cancellation & Termination

10.1 Client-Initiated Cancellation

The Client may cancel a project by providing written notice to Brandwick. Cancellation terms are as follows:

  • Initial Deposit: The initial deposit is non-refundable under all circumstances
  • Early-Stage Cancellation: If cancelled before 25% project completion, Client pays a kill fee of 25% of the total project value plus costs for work completed
  • Mid-Project Cancellation: If cancelled after 25% completion, Client pays a kill fee of 50% of the total project value plus costs for all work completed

Upon cancellation, Brandwick will provide all work completed to date, but retains all intellectual property rights until payment is received in full.

10.2 Brandwick-Initiated Termination

Brandwick may terminate a project immediately if:

  • Client fails to make required payments despite written notice
  • Client breaches any material term of these Terms or the SOW
  • Client requests work that violates applicable laws or ethical standards
  • Continued collaboration becomes impractical due to lack of Client cooperation

In such cases, Client remains obligated to pay for all work completed to the date of termination, and Brandwick retains all intellectual property rights to work performed.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the project. This mutual non-disclosure obligation includes:

  • Business strategies, plans, and financial information
  • Technical specifications, proprietary methodologies, and trade secrets
  • Client data, customer information, and analytics
  • Any information marked as confidential or that would reasonably be considered confidential

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no breach of this agreement, (b) was rightfully possessed prior to disclosure, (c) is independently developed, or (d) must be disclosed by law. The confidentiality obligation survives termination of the project for a period of three (3) years.

12. Warranties & Disclaimers

12.1 Service Warranty

Brandwick warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in deliverables that fail to meet the specifications outlined in the SOW, provided such defects are reported within 30 days of delivery.

12.2 ‘As-Is’ Disclaimer

Except as expressly stated above, all services and deliverables are provided “as is” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

12.3 Third-Party Services

We do not warrant or guarantee the performance, reliability, or availability of third-party services including but not limited to:

  • Web hosting providers and their uptime guarantees
  • Domain registrars and DNS services
  • Email service providers and delivery rates
  • Social media platforms and their algorithms
  • Payment gateways, analytics platforms, and other integrated services

Client is responsible for selecting, contracting with, and managing relationships with third-party service providers.

12.4 Performance & Results

While we strive for excellent results, we do not guarantee specific outcomes, search engine rankings, website traffic levels, conversion rates, sales figures, or return on investment. Performance is influenced by many factors beyond our control, including market conditions, competition, and Client execution.

13. Limitation of Liability

Liability Cap: To the maximum extent permitted by law, Brandwick’s total liability arising from or related to any project shall not exceed the total fees paid by the Client for that specific project.

Exclusion of Consequential Damages: Brandwick shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, even if advised of the possibility of such damages.

Force Majeure: Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government actions, pandemics, telecommunications failures, power outages, or internet disruptions. In such events, affected deadlines will be extended by a reasonable period.

Time Limitation: Any claim arising from our services must be brought within one (1) year of the date the claim arose or be permanently barred.

14. Indemnification

Client agrees to indemnify, defend, and hold harmless Brandwick, its officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Client-provided content, materials, trademarks, or intellectual property
  • Client’s use of deliverables in violation of applicable laws or third-party rights
  • Claims that Client-provided materials infringe on third-party intellectual property rights
  • Client’s breach of these Terms or any applicable laws

15. Website Usage & Acceptable Use

15.1 Website Access

Our Website is provided for informational purposes and to facilitate business inquiries. By using our Website, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the Website.

15.2 Prohibited Activities

You agree not to:

  • Scrape, mine, or extract data from the Website using automated tools
  • Attempt to gain unauthorized access to our systems or networks
  • Upload or transmit viruses, malware, or malicious code
  • Impersonate Brandwick or our representatives
  • Post or transmit offensive, defamatory, or illegal content
  • Use the Website in any way that could damage, disable, or impair our services

15.3 DMCA & Copyright Infringement

If you believe content on our Website infringes your copyright, please contact us at hello@brandwick.com with:

  • Identification of the copyrighted work
  • Location of the allegedly infringing material
  • Your contact information and good faith statement
  • Statement of accuracy under penalty of perjury

16. Governing Law & Jurisdiction

These Terms and any disputes arising from our services or Website shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The courts of Delhi, India, shall have exclusive jurisdiction over any disputes, claims, or controversies arising from or relating to these Terms or our services.

17. Dispute Resolution

In the event of any dispute, claim, or controversy arising from these Terms or our services, the parties agree to follow this escalation process:

  • Negotiation: Parties will first attempt to resolve the dispute through good faith negotiations within 30 days of written notice of the dispute
  • Arbitration: If negotiation fails, the dispute shall be submitted to binding arbitration under the Delhi International Arbitration Centre (DIAC) Rules. The arbitration shall be conducted in English, with one arbitrator, in Delhi, India.
  • Court Proceedings: Only if arbitration is unsuccessful or not applicable may either party pursue court proceedings in the exclusive jurisdiction of Delhi courts

Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property rights or confidential information.

18. General Provisions

Entire Agreement: These Terms, together with the SOW and any written amendments, constitute the entire agreement between the parties and supersede all prior discussions, negotiations, and agreements.

Amendments: We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our Website. Your continued use of our services after modifications constitutes acceptance of the updated Terms.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: No waiver of any term shall be deemed a continuing waiver of that term or any other term, and failure to enforce any right does not constitute a waiver of that right.

Assignment: Client may not assign or transfer these Terms or any SOW without Brandwick’s prior written consent. Brandwick may assign its rights and obligations to any affiliate or successor entity.

Survival: Sections relating to payment, intellectual property, confidentiality, warranties, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.

19. Contact Information

For questions about these Terms, to report issues, or to provide notices regarding disputes or legal matters, please contact us at:

Brandwick
Delhi, India
Email: hello@brandwick.com
Website: brandwick.com

All official notices must be sent in writing via email to the above address.

By using our services or Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Thank you for choosing Brandwick.