Read this before publishing. It is a starting template, not legal advice.
No lawyer has reviewed this document. Every [ADD: …] placeholder below is a fact or a decision nobody has supplied yet, and each one has to be filled in by hand. The clauses on ownership of campaign work, liability and jurisdiction are the ones most likely to be wrong for this business, and they are exactly the ones an adviser should look at first.
Published as it stands, this page states positions the business may not want to take. Fill it in, have it reviewed, then delete this box.
About these terms
These terms cover your use of this website and its pages. The site is run by [ADD: full registered business name], trading as Apex Marcom, of [ADD: registered office address]. In these terms, “we” and “us” mean that business, and “you” means anyone using the site.
Using the site means you accept these terms. If you do not accept them, please stop using it.
Using the site
The site exists to explain what we do and to let you get in touch. You are welcome to read it, print pages for your own use, quote short extracts with credit, and link to it.
Please do not:
- copy substantial parts of the site to republish as your own;
- scrape it in bulk, or run automated tools against it that degrade it for anyone else;
- try to break into any part of it, or probe it for weaknesses;
- use the contact details published here to send bulk or unsolicited mail;
- present yourself as us, or as connected to us, when you are not.
If you find a security problem in the site, please tell us at hello@apexmarcom.co.in rather than making it public.
The content on this site
The text, layout, code, colour system, line artwork and logo mark on this site belong to us, or are used with permission. They are protected as intellectual property, and reusing them commercially needs our written permission.
“Apex Marcom” and the logo mark are our marks. [ADD: registered trade mark details, if any have been registered]. The typefaces used here are licensed from their foundries and are not ours to pass on.
Work we produce for clients
Ownership of campaign material - artwork, films, photographs, copy, designs, event assets - is decided by the agreement covering that engagement. It is not decided by this page, and nothing here changes what a signed agreement says.
Two things are worth knowing before an engagement starts. First, where an agreement is silent, our default position is [ADD: the default IP position the business wants, confirmed with your adviser - for example, rights transfer on full payment, or a licence for agreed use]. Second, third-party material inside campaign work carries its own separate licence and its own limits: stock imagery, music, fonts, an artist’s likeness or performance, and booked media space are each licensed for a defined use, a defined territory and a defined period. Reusing that material outside those limits is not something we can authorise.
Nothing here is a quotation
Nothing on this site is an offer, a quotation, or a commitment to supply. Service descriptions, deliverable lists and any indication of scope are there to explain what we do, not to fix what you will get or what it will cost.
A binding costing is a written quotation issued against a named brief, and it applies only to that brief. Availability changes constantly in this business: hoarding and unipole sites, mall activation slots, event dates and artist availability are confirmed only at the point of booking, however recently they were discussed.
Samples and placeholders
Anything on this site marked as a sample or a placeholder is illustrative. It does not describe a real engagement, a real client or a real result, and it should not be read as a claim about work we have done. Where such material appears, it carries a visible notice on the page itself.
Availability
We do not promise the site will always be available, always be up to date, or be free of errors. It is a brochure site, hosted by [ADD: hosting provider name], and it can go down for maintenance, for a host outage, or for reasons outside our control.
We may change, move or remove any page without notice, and we may stop publishing the site altogether.
Limits on liability
To the extent the law allows, we are not liable for loss or damage arising from your use of this site, from decisions taken on the basis of information published on it, or from the site being unavailable. That includes lost profit, lost business and lost data.
Nothing here limits any liability that cannot be limited by law - fraud being the obvious example.
Liability for paid work is a different matter entirely. It is set by the agreement for that engagement, and this page neither creates nor caps it. [ADD: liability position for engagements, as agreed with your adviser].
Links to other sites
Where we link out - to a partner, a venue, a social profile or a reference - we do not control what is on the other end. A link is not an endorsement, and we are not responsible for the content, the security or the privacy practices of any site we link to. Their terms apply once you arrive.
Client engagements come first
These terms cover the website. They do not cover work we do for you.
Paid work runs on a separate signed agreement, and that agreement is where scope, fees, payment terms, timelines, approvals, ownership, confidentiality, indemnities and liability actually live. Where anything on this page conflicts with a signed agreement, the signed agreement wins for that engagement. Reading these terms is not a substitute for reading the agreement you sign.
Privacy and cookies
How we handle information from this site is set out in the Privacy Policy. What the site stores in your browser - currently nothing - is covered in the Cookie Policy. Both form part of your use of the site.
Governing law
These terms are governed by the laws of India, including the Information Technology Act, 2000 as it applies to material published online. The courts at [ADD: city for jurisdiction], [ADD: state for jurisdiction] have exclusive jurisdiction over any dispute arising from the site.
Whether this is the right jurisdiction for the business, and whether disputes should instead go to arbitration, is a decision for [ADD: your legal adviser] and should be settled before launch.
Changes to these terms
We may update these terms. When we do, the date at the top changes, and the version on this page is the one that applies from then on. Please check it occasionally if you use the site regularly.
Questions
Email hello@apexmarcom.co.in, call +91 00000 00000, or write to [ADD: registered office address]. The contact page has the rest of the detail.