Pinaka Terms of Use 

This user agreement is an electronic record created in accordance with the Information Technology Act, 2000 (the “Act”) and any applicable rules thereunder, including amendments related to electronic records as defined in various statutes by the Information Technology (Amendment) Act, 2008. This agreement is generated electronically and does not require physical signatures.

Please take the time to carefully review these terms of use. By accessing and using the Pinaka website, you are agreeing to be bound by these terms. We recommend reviewing these terms periodically as your continued use of the website after any changes are posted will be considered your acceptance of those changes. Pinaka reserves the right to modify these terms of use at any time, and any such modifications will be posted on this page.

If you do not agree to these terms of use, you are prohibited from using the Pinaka website in any way.

Website Information

Pinaka strives to ensure that all information published on this website is accurate and up-to-date at the time of posting. However, we cannot guarantee its complete accuracy or timeliness and reserve the right to modify information at any time without prior notice. Users are advised not to rely solely on the information presented here and to take appropriate steps to verify its validity before making any decisions based on it.

The information contained on this website does not constitute an invitation to engage in any business relationship, invest in shares or securities, purchase products or services, or enter into any contracts with Pinaka or any other company. It is not intended to be a substitute for professional advice when making business decisions. We encourage users to seek professional guidance before entering into any business relationships with Pinaka or its affiliates.

References to any products or services offered by Pinaka or other companies do not guarantee their availability at all times. We may make changes or improvements to such products or services without prior notice.

By using this website, you acknowledge that you have read and fully understood our Privacy Policy (available on the website) and any other documents, instructions, etc., included here, which become part of these Terms of Use. You further agree that you find the terms and content of the Privacy Policy acceptable. Submitting data to us or using the website constitutes your consent to our use of that data and allows us to communicate with you to facilitate your use of our services.

This website may contain links to external websites owned and operated by third parties not affiliated with Pinaka (“Third-Party Websites”). Pinaka has no control over the content or practices of Third-Party Websites.

Pinaka Website Disclaimer

Pinaka provides this website “as is” without warranty of any kind. We make no express or implied representations, warranties, or guarantees about the accuracy, completeness, or timeliness of the content on this website.

This disclaimer applies to the fullest extent permissible by law. Pinaka will not be held liable for any death or personal injury arising from our negligence, fraud, or fraudulent misrepresentation. Additionally, we are not liable for any other situation where the law prohibits exclusion or limitation of liability.

Pinaka will not be responsible for any loss or damage you experience, regardless of whether it arises from a contractual agreement, tort (including negligence), breach of statutory duty, or any other legal theory. This includes, but is not limited to, situations where the loss or damage arises from:

• Using or being unable to use our website.
• Using or relying on any content displayed on our website.

For Business Users:

Pinaka specifically disclaims liability for:

• Loss of profits, sales, business, or revenue.
• Business interruption.
• Loss of anticipated savings.
• Loss of business opportunity, goodwill, or reputation.
• Any indirect or consequential loss or damage.

Pinaka is not responsible for any loss or damage caused by viruses, distributed denial-of-service attacks, or other harmful material that may infect your device, computer programs, data, or other proprietary material due to your use of our website or downloading content from it or any linked websites.

We do not endorse any websites linked to our website and are not responsible for their content or any loss or damage that may arise from your use of them.

Pinaka cannot guarantee that the website will always be available or uninterrupted. We reserve the right to suspend access to the website without notice.

Hyperlink:

Pinaka cannot be held responsible for the content of any external websites linked to our website. We make no guarantees or claims about the accuracy or quality of information found on these external sites.

Visiting and using any third-party websites is entirely at your own risk. Pinaka will not be involved in any transactions you conduct with these external websites. Your use of these websites is subject to their own terms and conditions, which may differ from ours. In the case of any conflict, these Terms of Use for Pinaka will take precedence.

Our website may display advertisements, promotions, and other content from third parties. These may include hyperlinks or buttons that lead to external websites. The presence of such advertising does not constitute an endorsement or recommendation by Pinaka of the advertiser, its products or services, or the linked website itself. For all information regarding the advertiser and its offerings, please refer directly to the advertiser. Pinaka takes no responsibility for any interactions you have with these third parties. We are released from any liability arising out of or connected to such interactions, including any defects, deficiencies, claims, etc. related to the advertiser’s products or services.

The Privacy Policy and any other documents, instructions, or information included on our website are considered part of thes Terms of Use and should be read alongside them.

Copyright:

All content on the Pinaka website, including text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software, is the exclusive property of Pinaka and is protected by Indian copyright law. This includes the way all this content is arranged on our website.

Using any of Pinaka’s website content without permission is strictly prohibited.

If you have any questions or comments regarding our copyright statement, please don’t hesitate to contact us.

Settlement:

Governing Law and Jurisdiction:

These Terms of Use are governed by and construed in accordance with the laws of India. You agree that any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the courts located in Pune, Maharashtra, India.

Severability:

If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

Terms of Service: Pinaka Digital Marketing Services

• Validity:

These Terms of Service (“TOS”) govern the consulting, creative, and product services provided by Pinaka (“we” or “us”) in the field of advertising and digital marketing (“Services”) to you, the client (“you”).

Application:

These TOS apply to all current and future Services provided by Pinaka to you, regardless of whether they are explicitly referenced in a separate contract (“Contract”). Any terms and conditions you provide will only be valid if Pinaka explicitly agrees to them in writing.

• Collaboration for Project Success

Clear Communication and Responsibilities:

To ensure a smooth project flow, both Pinaka and the Client agree to the following collaborative efforts:

• Client-Provided Materials: The Client will promptly deliver all documents, information, and data necessary for Pinaka to execute the agreed-upon services in the format requested by Pinaka.
• Design Services: If Pinaka is creating or adapting designs for the Client, the Client will provide a detailed requirements document outlining their specific needs. This document will become binding upon Pinaka’s written approval. Pinaka can offer assistance in developing this document for an additional fee.
• Client Cooperation: The Client will actively support Pinaka’s delivery of services and take all reasonable steps to achieve project goals, even if those steps fall outside of Pinaka’s direct obligations. Additionally, the Client will maintain backup copies of all data provided to Pinaka to ensure data recovery in case of loss or damage. All support, services, and products provided by the Client will be free of charge to Pinaka.
• Points of Contact: Each party will designate a qualified point of contact (POC) with the authority to provide essential information for project execution and to make or initiate necessary decisions. This ensures clear communication and efficient problem-solving throughout the project.

By working together in this manner, Pinaka and the Client can achieve optimal project results.

• Project Scope and Delivery

Pinaka will outline the project timeline and specific services included in a formal contract.  We typically deliver our services from our own offices. However, if necessary, Pinaka can perform certain activities on-site at the client’s location. In such cases, the client is responsible for providing a well-equipped workspace for our team to ensure efficient project execution.

• Changes in Deadlines and Scope of Services

Understanding Delays and Additional Costs:

• Unavoidable Delays: If Pinaka is unable to deliver agreed-upon services due to circumstances beyond our control (“Force Majeure”), the original deadlines will be extended accordingly. Examples of Force Majeure include delays or subpar work from the client, natural disasters, changes in laws, or labor disruptions (lockouts).
• Client Responsibility: Any additional expenses Pinaka incurs due to these unforeseen events will be the client’s responsibility.
• Changes in Project Scope:

Quality & Quantity: Any modifications to the project scope, including alterations to the client’s initial requirements or approved specifications (Change Requests), must be confirmed in writing.

Adjustments & Compensation: Changes in scope will necessitate adjustments to deadlines and compensation.

Additional Services: Unless otherwise agreed upon, Pinaka will only provide additional services upon receiving advanced written confirmation of payment.

• Pinaka Remuneration and Ownership

Payment Terms:

• Unless otherwise specified in the contract, Pinaka will calculate fees based on project rates or hourly rates as outlined in the agreement. Payments are due at the end of each month following Pinaka’s submission of service reports.
• For fixed-price projects, Pinaka reserves the right to request a 50% upfront payment. Payment milestones linked to service delivery progress can be established within the contract. Regardless of the pricing model, all Pinaka rates are exclusive of GST and any other applicable taxes, which will be charged separately.

• Payments must be made in full within 15 days of the invoice date. If a client’s payment is overdue by more than 15 days, Pinaka has the right to:

Immediately cease all service delivery without prior notification.

Demand immediate payment for all services already rendered, regardless of any previously agreed-upon payment schedules.

• Travel Expenses:

Travel time for Pinaka employees is considered working time. Additionally, clients are responsible for reimbursing travel costs at actual rates incurred. For car travel, the standard mileage reimbursement rate (based on government taxi rates or established private cab/taxi services) will be applied. Other incidental expenses, such as phone charges, will be billed as incurred.

• Right to Offset and Ownership:

Clients are not entitled to withhold or offset payments due to warranty claims or other disputes unless such claims are approved in writing by Pinaka or established by a court order. Pinaka retains ownership of all delivered services and products until full payment is received, including interest and any applicable fees. Clients cannot utilize Pinaka’s deliverables until all outstanding balances are settled.

• Taxes and Duties:

The client is responsible for all fees, taxes, and duties arising from this contract, including legal transaction fees, resource purchase fees, or withholding taxes. If Pinaka incurs any such charges, the client agrees to fully indemnify Pinaka for these expenses.

• Pinaka’s Rights and Confidentiality
• Ownership of Results:

Unless explicitly agreed upon otherwise, the Client possesses no rights to the deliverables produced by Pinaka beyond those specifically outlined in this Section. This includes, but is not limited to, refraining from modifying, creating derivative works from, distributing, publicly performing, publicly displaying, or sublicensing the results.

• Third-Party Services:

In situations where Pinaka’s service delivery involves the inclusion of services provided by third parties, the specific terms and conditions (particularly licensing terms) of the respective vendor will take precedence.

• Confidentiality:

Both Pinaka and the Client acknowledge the obligation to maintain confidentiality regarding any information, documents, or data disclosed during the course of the project and marked as “Confidential.” This obligation does not apply to information or data that is already considered public knowledge (general state of the art) at the time of disclosure or becomes public knowledge through no fault of the receiving party. The confidentiality obligation remains in effect even after the termination of the agreement.

• Pinaka Acceptance and Warranty

• Creative Services (hereafter “Deliverables”) created or adapted by Pinaka will undergo an immediate client approval process upon completion. If any flaws are identified during this review, Pinaka will rectify them at no additional cost within a reasonable timeframe. The revised Deliverables will then be resubmitted for approval. Should the client fail to initiate the approval process for any reason other than a significant issue that severely hinders the usability of the Deliverables, acceptance will be deemed automatic four weeks after initial delivery.
• Changes requested within the service period, following acceptance of the Deliverables, will be implemented by Pinaka at no additional cost within a reasonable timeframe. The client is responsible for providing all necessary documents, information, and data for these changes upon Pinaka’s request.
• Pinaka warrants the creative scope originally outlined by the client. Any extensions to the creative scope will be covered under an additional warranty agreement. This warranty excludes Deliverables modified by the client without prior Pinaka consent, even if the issue arises in an unmodified section of the Deliverable.
• The warranty provisions outlined in Section 7 apply equally to services and deliverables provided by Pinaka. However, in cases where services involve third-party vendors, the specific warranty terms and conditions of those vendors will take precedence.
• The client acknowledges that any warranty or guarantee claims beyond those explicitly stated in these terms of service are excluded, regardless of the legal basis on which they are presented.

• Pinaka’s Liability Limitations

• To the fullest extent permitted by law, Pinaka will not be held responsible for any indirect damages, loss of information or data, business interruptions, lost profits, or other consequential damages.
• In addition to those expressly stated in these Terms of Service, any warranties or damage claims from the client beyond what’s explicitly mentioned, regardless of legal grounds (including but not limited to consulting advice, deliverables provided, technology products, or creative service implementation), are excluded.
• Exceptions exist for mandatory legal liability, such as situations where the client can demonstrably prove intentional harm or gross negligence on Pinaka’s part.

• Place of legal jurisdiction and arbitration
• All Disputes Arising Out From a Contract, Including or Related to It, Including Those Arising From or Concerning Its Interpretation, Invalidity, Performance or Termination, As Well As the Disputes for Filling Gaps in a Contract or Its Adaptation to Newly Established Facts, Shall be Settled By an Amicable Effort of Both Parties. If an Attempt at Settlement Has Failed, the Dispute Shall be Finally Referred for Resolution to Court of Arbitration in Compliance with The Indian Arbitration and Conciliation Act 2019.
• The Place of Arbitration Shall be Pune, Maharashtra, India. The Procedural Law of This Seat Shall Apply Where the Rules Are Silent. The Arbitral Award Shall be Substantiated in Writing and Arbitration Procedure Shall be Conducted in the English Language.

• Terms of Contract
• Pinaka will provide consulting and creative services for the duration of the project as agreed upon with the client, or for the term specified in the contract.
• For ongoing services outlined in this contract, either Pinaka or the client may terminate the agreement with written notification sent via registered mail providing one month’s notice.
• In the event of termination, any services not yet accepted by the client will be considered completed and compensated for according to the terms and conditions established within this contract.