.terms & conditions
General terms & conditions for the provisions of services from Motion Studio Private Limited
1 - Scope and subject to change
Motion Studio Private Limited, hereinafter referred to as Motion Studio, under the brand Motion Studio Private Limited provides all deliveries and services to its contractual partners exclusively on the basis of these General Terms and Conditions (GTC).
2 - Conclusion of a contract
A contract comes off only by order of the customer by means of online order and the delivered by Motion Studio invoice and its acceptance by the customer.
3 - General Terms and Conditions
3.1 - All individual prices and the subtotal are exclusive of statutory GST as applicable for n Business Entities. For service provision within , an additional GST Rate of 18% is applied.
3.2 - Services marked as optional are not automatically part of the order. These must be explicitly commissioned additionally. Optional positions are marked as such.
3.3 - It is assumed that both text content and image data in digital form, as well as desired templates and plug-ins are provided by the client (customer) and desired content in electronic form (eg Word, PDF, etc.), as far as it does not differ from the offer.
3.4 - For services that are not included in the ordered offer and are additionally commissioned by the customer, Motion Studio settles on the basis of the effective effort (Time & Material). The hourly rate is USD 25.00 – USD 40.00 per hour.
3.5 - For services for which a project contract for customized solutions is concluded, the agreed scope of services and expenses shall be calculated in such a way that it is required for the achievement of the objectives. If the offered value is significantly exceeded, the resulting budget requirements may change during the course of the project in the corresponding ratio. These are recorded as amendments and released by the customer.
3.6 - Services, software or other components of this offer, which are manufactured or provided by a third party and are marked as such, are not subject to the warranty of Motion Studio, but of the actual manufacturer or supplier. This applies in particular to templates and plugins procured or provided by the customer.
3.7 - All contents listed in the offer for customized solutions are protected by copyright and are not intended for distribution to third parties.
4 - Delivery and payment conditions
4.1 - The terms of payment are basically as follows:
• Standard packages according to online offer: advance payment to our bank account or online payment via PayPal
• Customer project: 1/3 when placing the order, 2/3 after completed installation on the customer server
4.2 - The specified delivery time begins after receipt of payment and kickoff meeting with the customer. From this, time is expected in full working days. The default work week is Monday through Friday.
4.3 - The final delivery time depends on the customer acceptance (UAT) and can thus exceed the specified delivery time.
4.4 - Delivery and performance delays due to force majeure and events that make it difficult or impossible to perform the service substantially, such. For example, strikes, lockouts and official orders are not the responsibility of Motion Studio. Unless otherwise provided by law, Motion Studio is not liable for damages in this case.
4.5 - Invoice amounts can be transferred either via electronic payment portal PayPal or through Bank Wire Transfer as shared by the Accounts and Finance Department of Motion Studio Private Limited during the course of Project Sign Up.
4.6 - Our offers are aimed primarily at business customers. All prices are net prices plus GST at the rate of 18% for service that is provided within .
4.7 - If invoicing takes place by invoice, the payment must be received within 10 days from the invoice date and according to the payment plan. For the standard packages, see article 4.1. directed.
4.8 - Contract and invoice currency is n Rupees for all Business and Individual customers in and will be in USD, GBP, AED, EURO etc. for Invoices raised to Business entities outside .
4.9 - The delivery is deemed to have been delivered with the customer's consent, but no later than 14 days after the delivery of the final report to the customer, and thus as a service rendered. If the customer has complaints after this period, Motion Studio is not obliged to implement them. In this case, the payment of the outstanding amount is obligatory and must be settled by the customer immediately. Not affected by this are services under warranty & support.
5 - Delay, dunning costs:
For dunning costs incurred after default, we charge 5% interest on the outstanding amount. Further claims, in particular with regard to the enforcement of the claim by a collection agency remain reserved.
6 - Retention of title and rescission
6.1 - The services remain the property of Motion Studio until full payment, even if they are resold (extended retention of title). In the event of late payment, Motion Studio can also withdraw from the contract and reclaim the already provided sources (software code).
6.2 - If the client cancels the order before completion for reasons beyond the control of the contractor, the contractor shall be entitled to charge the costs incurred until then on the basis of the above hourly rate; the percentage of progress or documented effort (hours worked) is calculated as the basis for the effort estimate.
7 - Warranty and Liability
7.1 - Motion Studio assumes no liability for damage caused by the use of Motion Studio products handed over to the customer (software).
7.2 - If the delivered services are defective at the time of delivery, Motion Studio will provide for the removal of the defect. In case of failure of the repair or replacement, the customer may demand the reduction of the remuneration or the withdrawal from the contract.
7.3 - The liability for own negligence, as well as that of our legal representatives and vicarious agents, is limited to intent and gross negligence.
7.4 - The customer is solely responsible for the name and brand of his logo and design. Motion Studio accepts the documents provided by the customer to the best of its knowledge and belief. It is the customer's responsibility to investigate any trademark infringement or legal violations in connection with image rights, templates or plugins. The liability of Motion Studio is limited to the amount of the order value. Motion Studio cannot be held liable for the misuse of the logo or other graphic means and products. Any claims of third parties are fully transferred to the customer.
8.1 - The data required for the transaction will be stored in strict accordance with the provisions of the International Data Protection Act and, if necessary, passed on to affiliated companies, as well as third parties for the order processing of engaged companies. All personal data is kept confidential and used only for internal purposes.
8.2 - The web sized products may be used by Motion Studio as reference works for promotional purposes, unless the customer expressly disagrees on this point. The products are presented for illustrative purposes only.
9 - License agreements and use of products
The customer receives for all delivered and approved solutions (websites, apps, etc.) an unrestricted grant of rights of use.
10 - Applicable n law
It applies to the general terms and conditions and the entire legal relationship between the customer and Motion Studio. Jurisdiction is, unless otherwise agreed, Kolkata, West Bengal.
11 - Final Provisions
11.1 - Changes or additions to these GTCs are only valid if they have been agreed in writing. This also applies to a change of this written form clause.
11.2 - All declarations may be directed electronically to the customer. This also applies to settlements within the framework of the contractual relationship.
West Bengal, July 2018 - Subject to change at any time!
Registered Office: 60/2 Garfa Main Road, Kolkata: 700075, West Bengal, .
Work Office: 1063, Purbachal Main Road, Kolkata: 700078, West Bengal, .