Legal

Terms & Conditions

Please read these Terms & Conditions carefully before using our services or website. By accessing our services, you agree to be legally bound by these terms.

📅 Last Updated: January 01, 2024
Section 01
Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "User," or "you") and DY Works ("Company," "we," "our," or "us"), a creative design studio registered and operating from Shop 19, Tech Park Commercial Hub, Gachibowli Main Road, Hyderabad, Telangana 500032, India.

By accessing our website (dyworks.shop), engaging our services, signing a project agreement, or making any payment to DY Works, you acknowledge that you have read, understood, and agree to be fully bound by these Terms and our Privacy Policy.

Agreement: If you do not agree with any part of these Terms and Conditions, you must not use our services or website. Continued use of our services constitutes your ongoing acceptance of these Terms.

We reserve the right to update these Terms at any time. Changes will be posted on our website and, where significant, communicated to active clients via email. Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.

Section 02
Our Services

DY Works provides a comprehensive range of professional creative services including, but not limited to:

  • Brand identity design (logos, brand guidelines, visual identity systems)
  • Digital marketing strategy, campaign management, and performance marketing
  • Website design, user experience (UX/UI), and web development
  • Social media strategy, content creation, and community management
  • Photography (product, corporate, brand shoots)
  • Video production, editing, and motion graphics
  • Print design and packaging design
  • Advertising and marketing collateral design
  • Brand consulting and creative direction

The specific scope of services for each project will be detailed in a separate Project Brief, Statement of Work (SOW), or Service Agreement provided before commencement of work. These Terms govern all such arrangements.

Section 03
Payments, Fees & Refund Policy

All fees for our services are agreed upon in advance and outlined in the project proposal or invoice. Our payment terms are as follows:

  • Advance Payment: A minimum of 50% advance payment is required before commencement of any project
  • Milestone Payments: For larger projects, payments may be structured in milestones as specified in the project agreement
  • Final Payment: The remaining balance is due upon project completion and before final file delivery
  • Payment Methods: We accept bank transfers, UPI, net banking, and major credit/debit cards
  • Late Payments: Payments overdue by more than 15 days may incur a late fee of 2% per month
  • Taxes: All fees are exclusive of GST and any applicable taxes, which will be added to invoices as required by law

Refund Policy:

  • Advance payments are non-refundable once work has commenced
  • If a project is cancelled by the client before work begins, a full refund of the advance may be issued at our discretion
  • If DY Works is unable to deliver the agreed services, a prorated refund will be provided
  • Refund requests must be submitted in writing to info@dyworks.shop within 7 days of the issue arising

⚠️ Important: All prices quoted are valid for 30 days from the date of proposal. DY Works reserves the right to revise pricing if a project scope changes significantly from what was originally agreed.

Section 04
Intellectual Property Rights

The ownership of intellectual property created during a project is as follows:

Client Ownership: Upon receipt of full and final payment, DY Works assigns all intellectual property rights for the final approved deliverables to the client. The client will own the final designs, artwork, and creative assets delivered.

DY Works Ownership: DY Works retains ownership of:

  • All preliminary concepts, drafts, and rejected designs
  • Proprietary processes, methodologies, tools, and techniques used during the project
  • Pre-existing intellectual property, libraries, and frameworks incorporated into the work
  • The right to display final work in DY Works' portfolio and marketing materials (unless explicitly excluded in writing)

Third-Party Assets: Any stock images, fonts, or third-party assets used in designs may be subject to separate licensing terms. DY Works will inform clients of any additional licensing requirements.

Unauthorized Use: The client may not use preliminary designs, unused concepts, or work not yet paid in full for any commercial purpose.

Section 05
Client Responsibilities

To ensure the successful delivery of services, clients agree to:

  • Provide accurate, complete, and timely information, materials, and approvals required for the project
  • Respond to design presentations, feedback requests, and queries within 5 business days
  • Ensure all content provided (text, images, logos) does not infringe any third-party intellectual property rights
  • Obtain necessary permissions and licenses for any content or materials provided to DY Works
  • Designate a single point of contact for consolidated feedback to avoid conflicting instructions
  • Make payments on time as outlined in the project agreement
  • Inform DY Works of any changes to project requirements in writing

Delays caused by the client's failure to meet these responsibilities may result in revised project timelines and additional charges. DY Works is not liable for delays caused by client inaction.

Section 06
Revisions, Approvals & Changes

Our revision policy is outlined in each project proposal. Generally:

  • Included Revisions: Each project includes a specified number of revision rounds as detailed in the project proposal (typically 2-3 rounds)
  • Additional Revisions: Revisions beyond the included rounds will be charged at our standard hourly rate (communicated in advance)
  • Scope Changes: Any changes to the agreed project scope will require a revised proposal and may affect timelines and costs
  • Final Approval: Client sign-off/approval at each stage constitutes acceptance. Once approved, changes will be treated as new work
  • Major Revisions: Requests to significantly alter the creative direction after the initial concept phase may be treated as a new project
Section 07
Delivery, Timelines & Force Majeure

DY Works is committed to delivering projects on time. Timelines are established in the project agreement. However:

  • All timelines are estimates and may be subject to adjustment based on project complexity or client response times
  • Final deliverables will only be released upon receipt of full payment
  • Files will be delivered in formats as specified in the project agreement
  • DY Works is not liable for delays caused by client-side delays, force majeure events, or circumstances beyond our reasonable control

Force Majeure: Neither party shall be liable for delays or failure to perform obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, power outages, internet disruptions, or other events of force majeure.

Section 08
Confidentiality

Both DY Works and its clients acknowledge that during the course of a project, each party may have access to confidential information belonging to the other party. Both parties agree to:

  • Keep all confidential information strictly confidential
  • Not disclose confidential information to any third party without prior written consent
  • Use confidential information only for the purposes of the project
  • Implement reasonable measures to protect confidential information from unauthorized access

Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law. This confidentiality obligation survives the termination of the project agreement.

Where required, DY Works is happy to sign a Non-Disclosure Agreement (NDA) before project commencement.

Section 09
Limitation of Liability & Warranties

DY Works provides services on a professional best-effort basis. We warrant that our services will be performed with reasonable care and skill in accordance with industry standards.

Limitation of Liability: To the maximum extent permitted by applicable law:

  • DY Works' total liability for any claim arising from our services shall not exceed the total fees paid for the specific project giving rise to the claim
  • DY Works shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • DY Works is not liable for business losses, lost profits, or lost opportunities resulting from the use or inability to use our services

No Guarantee of Results: While we strive to deliver exceptional creative work, DY Works cannot guarantee specific business outcomes, marketing results, revenue increases, or performance metrics from the use of our services.

Note: The client is responsible for ensuring that any materials, content, or information provided to DY Works does not infringe the intellectual property rights of any third party. DY Works is not liable for any claims arising from client-provided content.

Section 10
Termination & Cancellation

Either party may terminate a project engagement under the following conditions:

Termination by Client:

  • The client may terminate the agreement with 14 days' written notice
  • The client will be invoiced for all work completed up to the termination date
  • Advance payments for completed work phases are non-refundable
  • Any work completed but not yet delivered will be withheld until outstanding payments are settled

Termination by DY Works:

  • DY Works may terminate the agreement if the client fails to make payments when due
  • DY Works may terminate if the client is in material breach of these Terms
  • DY Works may refuse to continue work if client requests violate ethical, legal, or professional standards
  • In such cases, DY Works will provide a prorated refund for work not yet completed
Section 11
Communication Consent

By engaging DY Works' services or submitting your contact information through our website, you acknowledge and agree that DY Works and its associated entities may contact you through various communication channels for service-related and promotional purposes.

By accepting these Terms, you consent to receive communications from DY Works via SMS, email, OBD (Outbound Dialing), Google RCS, and WhatsApp for services, offers, updates. You also agree to our Privacy Policy.

Communications may include:

  • Service updates, project status notifications, and delivery confirmations
  • Invoices, payment reminders, and billing information
  • Promotional offers, discounts, and new service announcements
  • Industry insights, design tips, and newsletter content
  • Invitations to events, webinars, or workshops

You may opt out of marketing communications at any time by contacting us at info@dyworks.shop or by using the unsubscribe mechanism in any communication. Service-related communications for active projects cannot be opted out of.

Section 12
Governing Law & Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the state of Telangana.

Dispute Resolution Process:

  1. Negotiation: In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiations within 30 days of the dispute arising
  2. Mediation: If negotiation fails, both parties agree to attempt mediation through a mutually agreed-upon mediator before pursuing legal action
  3. Arbitration: If mediation is unsuccessful, disputes shall be resolved through binding arbitration in Hyderabad, Telangana, in accordance with the Arbitration and Conciliation Act, 1996
  4. Jurisdiction: Any legal proceedings that cannot be resolved through the above processes shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India

Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction where immediate relief is necessary to prevent irreparable harm.

Section 13
Contact & Legal Enquiries

For any questions, clarifications, or legal enquiries regarding these Terms and Conditions, please contact us through the following channels:

DY Works – Legal Department

📍 Shop 19, Tech Park Commercial Hub, Gachibowli Main Road, Hyderabad, Telangana 500032, India

📞 +91 97178 13579

✉️ info@dyworks.shop

🕐 Monday – Saturday: 9:00 AM – 7:00 PM IST

We will respond to all legal and contractual inquiries within 5 business days. For urgent matters, please call us directly.