(VALID FROM 24/10/2024)

1. Introduction

"These Terms and Conditions govern the provision of services by Lazin Studio to the Client. By engaging Lazin Studio for any services, the Client automatically agrees to be bound by these Terms and Conditions. Lazin Studio reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on Lazin Studio’s website or through direct communication to the Client."

2. Scope of Work

2.1 Description of Services:

Lazin Studio provides a range of web design services, including but not limited to website development, user interface (UI) design, user experience (UX) optimization, website maintenance, and other digital solutions.

The specific services to be provided will be detailed in a separate service contract or project brief.

2.2 Changes to Scope:

Any changes or additions to the Scope of Work must be documented in writing and agreed upon by both parties.

Additional work beyond the original scope will be billed at an agreed-upon rate.

3. Ethical and Content Restrictions

3.1 Prohibited Content and Imagery:

Lazin Studio does not design, create, or collaborate on any materials that involve or promote:

Alcoholic beverages, including beer, wine, spirits, or any other alcoholic substances.

Tobacco products, including cigarettes, cigars, vaping products, or any other tobacco-related items.

Recreational drugs, including cannabis, marijuana, or any other substances that may lead to intoxication or altered states of consciousness.

Pork and pork-derived products.

Indecent imagery, including depictions of individuals in uncovered including hair or neck of women shown or other parts of body shown or indecent attire, such as very tight clothing or any other attire deemed inappropriate.

Any content that may negatively influence young people or promote activities considered harmful or inappropriate.

Some industries are prohibited by us, such as: Interest-based financial services (e.g., conventional banks or loan companies).

Gambling establishments (e.g., casinos, lotteries, betting agencies).Adult entertainment or pornography-related businesses.

Any other morally indecent or harmful activities conflicting with our moral values, has negative effect on some people's sentiments or employee well-being.

We reserve the right to say 'no' to any work even if the client is set up on a maintenance plan.

3.2 Client Responsibility:

Clients are responsible for ensuring that their project requests comply with these ethical and content restrictions.

Lazin Studio reserves the right to decline any project that may conflicts with these guidelines.

4. Project Timeline

4.1 Delivery Dates:

Lazin Studio will provide estimated delivery dates for each project phase.

Final delivery is contingent upon timely feedback and approval from the Client.

4.2 Delays:

If delays are caused by the Client, such as not providing necessary materials, information, or feedback in a timely manner, the project timeline may be extended. The Client will be notified of any such extensions.

Additionally, Lazin Studio reserves the right to impose extra charges to account for the disruption to workflow and any additional resources required due to these delays. The amount and nature of these charges will be communicated to the Client as soon as a delay is identified.

5. Payment Terms

5.1 Fees:

Lazin Studio operates primarily on a subscription and custom pricing-based payment model. The subscription fee will be charged according to the service plan they opted for.

5.2 Subscription Plans:

Lazin Studio operates on a subscription-based and custom pricing model.

Clients are charged a recurring fee based on their selected service plan. Timely payment ensures uninterrupted service.

Add-ons are billed exclusively and are not included in the base subscription plan.If payment is not made on time, Lazin Studio reserves the right to unpublish the website.

5.3 Custom Pricing: While the standard pricing follows a subscription plan, Lazin Studio offers custom pricing solutions tailored to specific client needs.

The total fee for custom services will be specified in the service contract.

Payment for custom arrangements will typically be structured as follows:

A non-refundable deposit of [X]% is required to initiate the project.

[Y]% upon completion of the first draft or initial concept presentation.

The remaining [Z]% upon final delivery of the project.

Clients interested in a bespoke arrangement should contact Lazin Studio to discuss and finalize terms.

5.4 Late Payments:

While Late payments may incur a service fee of up to [$X] per day beyond the due date, reflecting the additional administrative and operational costs caused by the delay.

Persistent non-payment may lead to the suspension or termination of the project. For clients on a subscription plan, missing a single billing cycle may result in the termination of the subscription or the imposition of additional late payment fees.

6. Revisions

6.1 Included Revisions(Subscription Projects):

For subscription-based plans, Lazin Studio offers clients up to two revisions during the initial website build phase.

These revisions are provided in addition to the regular monthly design tweaks included in each subscription plan.

Additionally, the initial website design is typically provided free of charge.

6.2 Included Revisions(Custom Projects):

The Client is entitled to [X] rounds of revisions within the scope of the original project.

Watermarked previews of the deliverables will be provided during the revision process until final payment is received, unless otherwise specified in the contract.

Additional revisions will be billed at an agreed-upon rate.

6.3 Revision Process:

The Client must provide feedback on deliverables within 2 business days of receipt.

Delays in feedback may impact the project timeline and may result in additional charges if the delays are significant.

7. Intellectual Property Rights:

7.1 Ownership Transfer:

Upon full payment, ownership of the final deliverables will transfer to the Client, granting the right to use and modify them.

However, the deliverables cannot be resold, distributed as a free template, or used to provide services based on the deliverables, such as setting up the website as a template service or any similar offering.

For subscription clients, the free website design requires a one-year commitment.

During this period, Lazin Studio retains management rights.

After one year, if the Client switches providers, rights to the deliverables will only transfer upon resolving any outstanding obligations and with written agreement.

Clients starting with a monthly subscription must commit to a minimum of one year of subscription payments.

7.2 Studio’s Rights:

Lazin Studio retains the right to use the deliverables in our portfolio and for promotional purposes unless otherwise agreed in writing.

Lazin Studio reserves the right to decline any work deemed inappropriate by its employees, regardless of the client's subscription plan.

For example, the studio may refuse to publish blogs containing indecent imagery or language.

7.3 Pre-existing Work:

Any pre-existing materials or intellectual property used by Lazin Studio in the creation of the deliverables remain the property of Lazin Studio or third parties

7.4 Use of Fonts and Licensed Materials:

If Lazin Studio uses any fonts, images, or other licensed materials in the creation of the deliverables, the Client acknowledges and agrees that they are responsible for obtaining and paying for any required licenses or rights for these materials, unless otherwise specified in the contract.

Lazin Studio will inform the Client if any such licenses are necessary.

7.5 Image and Material Licensing:

Any images or materials used in the deliverables are for demonstration purposes only and are subject to licensing.

The Client is responsible for ensuring that any images, graphics, or other materials used in the final deliverables are licensed appropriately.

This includes obtaining necessary permissions and paying any associated fees.

Lazin Studio will not be liable for any copyright or licensing issues arising from the Client's use of images or materials unless specifically included in the contract.

7.6 Licensing and Copyright-Free Materials:

Where applicable, Lazin Studio will use copyright-free or licensed materials in accordance with the project requirements.

If the Client wishes to use copyrighted materials, they must provide proof of the necessary rights or licenses.

Lazin Studio is not responsible for securing such licenses unless explicitly outlined in the service contract.

8. Confidentiality

8.1 Confidential Information:

Both parties agree to keep all confidential information, including business strategies, proprietary data, and custom pricing arrangements, confidential and not to disclose it to any third parties without prior written consent.

8.2 Exceptions:

Confidentiality obligations do not apply to information that is publicly available or required to be disclosed by law.

9. Termination

9.1 Termination by Client:

The Client may terminate the contract with [30] days' written notice.

Payment is required for all work completed up to the termination date, and the non-refundable deposit will not be returned.

For subscription plans, if the Client chooses to terminate, no refunds will be issued. Early termination may affect resource allocation and leave vacancies unfilled.

9.2 Termination by Designer:

Lazin Studio may terminate the contract with [7] days' written notice if the Client fails to meet their obligations.

In cases where the Client knowingly opts into services that Lazin Studio will not provide, resulting in business losses, Lazin Studio reserves the right to retain 50% of the remaining balance as a fine.

Any payments made up to the termination date will be retained, and a final accounting of work completed will be provided.

For subscription plans, if terminated, the full payment made will be retained by Lazin Studio as the design is digital work and refunds are not possible.

10. Warranties and Representations

10.1 Client’s Warranties:

The Client warrants that all materials provided to Lazin Studio are accurate and do not infringe on the rights of any third parties.

11. Limitation of Liability

11.1 Exclusions:

Lazin Studio will not be liable for any indirect, incidental, or consequential damages arising from the use of the deliverables.

11.2 Maximum Liability:

Lazin Studio’s liability for any claim arising out of the subscription plan shall be capped at $1,500.

The total amount Lazin Studio will return to the Client will be limited to this amount, after deducting any non-refundable fees and 35% of the total subscription fee as the studio’s fixed costs per client.

For clarity, if any non-refundable fees or studio fixed costs have been incurred or are specified, these amounts will be subtracted from the total amount paid by the Client before determining the maximum liability for any claims.

Lazin Studio can only be liable for financial losses directly caused by the studio’s actions.

However, as the Client is responsible for reviewing and approving all work provided, refunds or financial compensation are unlikely to be issued.

12. Indemnification

12.1 Client’s Indemnity:

The Client agrees to indemnify and hold harmless Lazin Studio from any claims, damages, or losses arising from the use of the deliverables or any breach of the contract by the Client.

13. Dispute Resolution

13.1 Mediation and Arbitration:

Mediation:

In the event of a dispute, the parties agree to attempt to resolve the issue through mediation first. Mediation involves a neutral third party helping facilitate a resolution.

Arbitration:

If mediation does not resolve the dispute, the matter will be resolved through binding arbitration conducted in India according to the rules of Govt Of India. The decision of the arbitrator(s) will be final and binding.

13.2 No Court Proceedings:

The parties agree that disputes will not be taken to court.

All conflicts must be resolved through mediation and arbitration, with court proceedings excluded except for enforcing the arbitration outcome.

14. Subscription Plans

14.1 Changes in plans:

All terms, conditions, and features of the Subscription Plans offered by Lazin Studio are subject to updates or revisions.Clients will be notified of any updates to terms or pricing with at least a 14-day prior notice.

Clients are fully responsible for reviewing the specific terms of the plan they choose.

By continuing with the plan they opt into, they automatically consent to these terms.

Lazin Studio will not be liable for any financial loss, refund requests, or any other claims arising from the Client’s decision to proceed with the selected plan.

Applicability of Updates:

Updated terms and conditions will apply immediately upon notification, except for pricing changes.

Pricing changes will only take effect at the start of the client’s next subscription renewal. This ensures that ongoing subscriptions are not impacted during their current

15. Severability

15.1 Invalid Provisions:

If any provision of this contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be interpreted to reflect the parties' original intent as closely as possible.

16. Assignment

16.1 Client’s Assignment:

The Client may not assign or transfer their rights or obligations under this contract without Lazin Studio’s prior written consent.

16.2 Studio’s Assignment:

Lazin Studio may assign or transfer their rights and obligations under this contract to any successor or third party.

17. Force Majeure

17.1 Force Majeure Events:

Lazin Studio shall not be liable for any delays or failures to perform due to causes beyond our reasonable control, including but not limited to natural disasters, war, or labor disputes.

For example, if a key team member or remote designer is impacted by such incidents, the project timeline may need to be extended.

18. Entire Agreement

18.1 Complete Understanding:

This contract, including all Exhibits, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, related to the subject matter.

19. Waiver

19.1 Non-Enforcement:

The failure of either party to enforce any provision of this contract shall not constitute a waiver of such provision or any other provision.

20. Governing Law

20.1 Governing Law:

This contract will be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.20.2 Jurisdiction:The parties agree that any disputes that cannot be resolved through mediation or arbitration will be addressed in the courts located in Ghaziabad, Uttar Pradesh, India. This jurisdiction will be considered the exclusive venue for any necessary legal actions, if required.