Terms & Conditions | Wortham Digital

POLICIES

Last Updated on April 1, 2023 - 17:58 PM

POLICIES FOR USING OUR WEBSITE

This Website Privacy Policy applies to: www.worthamdigital.com. The respect of your private life is of the utmost importance for WORTHAM WORLD LLP, who is responsible for this website.This Privacy Policy aims to lay out « the way your personal information is collected and processed. ‘Personal information’ means an information that could identify you, such as your name, your mailing address, your email address, your location and your IP address. "Personal information’ is a synonym for "personal data” within the meaning of the Regulation 2016/679 of the European Union (General Data Protection
Regulation);

« your rights regarding your personal information;

« who is responsible for the processing of the collected information;
« to whom the information is transmitted;

« if applicable, the website's policy regarding cookies.

This Privacy Policy complements the Terms and Conditions that you may find at the following address:

hitps://www.worthamdigital.com/terms-and-conditions

1. COLLECTION OF PERSONAL INFORMATION

We collect the following personal information:
© Last Name
« First name
« Mailing address
« Email address

= Phone and/or fax number

‘The personal information we collect is collected through the collection methods described in the following
section.

« Order tracking , Special offers, Statistics, Contact, Managing the website

2. INTERACTIVITY

Your personal information is also collected through the interactivity between you and the website. This personal information is collected through the following methods:

« Forum/ Community
« Comments
« Correspondence

« Information for promotional offers

We use the personal information thus collected for the following purposes:
« Statistics
© Contact

3. SHARING PERSONAL INFORMATION

The personal information collected by the Website is not transmitted to any third party and is processed
only by us.

4. STORAGE PERIOD OF PERSONAL INFORMATION

“The controller will keep in its computer systems, in reasonable security conditions, the entirety of the
personal information collected for the following duration: 1 Year.

5. HOSTING OF PERSONAL INFORMATION

Our website is hosted by: Wix.com inc. located at the following address:
Tel Aviv-Yafo, Israel.

6. RIGHT OF OBJECTION AND OF WITHDRAWAL

You have the right to object to the processing of your personal information by the Website (‘right to.object’). You also have the right to request that your personal information not appear, for example, on a mailing list (‘right to withdraw’).If you wish to exercise the right to object or the right to withdraw, you must follow the procedure described
hereinafter:

7. RIGHT OF ACCESS, OF RECTIFICATION AND OF REMOVAL

You have the right to consult, update, modify or request the removal of information about you by following the procedure described hereinafter: If you have a personal account, you may request its removal by following the procedure described
hereinafter: The User must send a written email to our official mail ID hello@worthamworld.com to deactivat and remove the personal account.

COMPETITIVE ENGAGEMENTS

The Agency/ employee/ team won’t work for a competitor of the Client until this Contract (between cleint and agency) ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Agency can assign a different employee or team to it's competitor's project, the Agency must make sure they follow the obligations in this paragraph, as well.

NON-SOLICITATION

Until the Contract (between cleint and agency)ends, the Agency/ Employee /Team won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Agency puts out a general ad and someone who happened to work for the Client responds. In that case, the Agency may hire that candidate. The Agency promises that it won’t do anything in this paragraph on behalf of itself or a third party.

TERM AND TERMINATION

Either party may end the Contract (between cleint and agency) for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps in the Article GENERAL.

The Agency must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Agency for the work done up until when the Contract ends and will reimburse the Agency for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Confidential Information); 6 (Limitation of Liability); 7 (Indemnity); and 8 (General).

WORK AND TIMELINES

PROJECT : The Client is hiring the Agency to do any creative services for his company/brand. Check here the Whole list of services we offer.

SCHEDULE : The Agency will begin work after the advance payment and must finish the work in timeline which is disclosed and disussed with cleint and both the parties were agreed on.

TIMELINE : Project timeline will be only shared after the Agency and clients agreed on the work scope, timeline will be shared and mutually agreed by both parties.

EXPENSES: Any kind of Travel and accomodation during/for the shoot will be reimburssed/managed by the client. *In certain circumtances we request that 100% of the fee to be paid in advance of the commencement of work. Please do not make offense should we make this request. Persuing payment of relatively modest sums across borders, should we have to, is impractical.

SUPPORT: The Agency will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.

PAYEMNTS & REFUNDS

PAYMENTS & INVOICES

1. In all cases, we will invoice the full project fee at the time that the job is contracted, with 50% of the fee due in advance of commencement of work and the balance due on the completion of the task. The Client agrees to pay the remaining amount owed within 15 days of completion of project. Payment after that date will incur a late fee of 5.0% per month on the outstanding amount.

2. For the purposes of payment ''Completion of the task/ final delivery '' will be viewed as not more than 14 days from the handover by WORTHAM DIGITAL / AGENCY of the first draft.

REFUNDS

In line with providing our customers with the best quality and client experience, we have established a considerate cancellation & refund policy.

Full refund will be made if you secede to cancel our services within 3 days of making the payment.
If you choose to terminate our services after the initial 3 days then you will be charged an amount equivalent to the working hours put into the project. The balance will be credited to the account from which you made payment within 10 days of cancellation.
Amount of refund will be credited in the account from which the payment was made within 10 days of service cancellation.
We plan each project by dividing work into milestones.
All projects begin with a complete discovery/analysis and creation of a scope of work document. This is done to make sure that both parties have complete understanding of the work required and thus eliminate the potential for project cancellations, reversals, or disputes.
As there is time spent to achieve every milestone and complete every module, a refund is not be possible for work already completed.
In the event of a project terminated on a mutual basis, the client has control of all completed work and any payment for further development will become void. No previous payment or deposit would be refunded.
No payment will be refunded once the client approves mock-up designs and we move into the development phase of the project.
There are no partial refunds for projects mid way through a milestone phase.
No cancellations are entertained for services that our marketing team has offered on special occasions. These are limited time offers and cannot be cancelled.
Digital marketing packages are not refundable, but the client may cancel with a notice written 30 days in advance.
We do not offer refunds on deposits or payments for projects that are abandoned or lay dormant for more than 30 days.

CANCELLATIONS

Cancellation of any service renewal should be done 10 days prior to the start of next billing cycle.
If cancellations are made after the start of the billing cycle then an amount equivalent to the working hours put into the project during that month will be billable, which the clients will be entitled to pay.
If you signed up for our services, but did not make use of them then you are still entitled to pay us.

INDEMNITY

This section transfers certain risks between the parties if a third party sues or goes after the Client or the Agency or both. For example, if the Client gets sued for something that the Agency/team/Employee did, then the Agency may promise to come to the Client’s defense or to reimburse the Client for any losses.

GENERAL

ASSIGNMENTS:

This policy applies only to the Client and the Agency / Wortham Digital. The Agency cannot assign its rights or delegate its obligations under this policy to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this policy without the Agency’s permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from WORTHAM DIGITAL.

NOTICES

(a) Over the course of the duration of any project, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address that the party has provided in writing as an appropriate address to receive notice.

(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.

SIGNATURES

The Client and the Agency must sign this policy document using Wortham's e-signing system. These electronic signatures count as originals for all purposes.

GOVERNING LAW

The laws of India govern the rights and obligations of the Client and the Agency under these Policy, without regard to conflict of law principles of that country.

PRIVACY & CONFIDENTIALITY

This Policy imposes special restrictions on how the Client and WORTHAM DIGITAL must handle confidential information. These obligations are explained in this section.

THE CLEINT"S CONFIDENTIAL INFORMATION

.While working for the Client, WORTHAM DIGITAL may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private.

WORTHAM DIGITAL promises to treat this information as if it is the Agency’s own confidential information. WORTHAM DIGITAL may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Agency use a customer list to send out a newsletter, the Agency cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Agency written permission to use the information for another purpose, the Agency may use the information for that purpose, as well.

When the Contract between cleint and the WORTHAM DIGITAL ends, We give back or destroy all confidential information, and confirm that it has done so. We promises that it will not share confidential information with a third party, unless the Client gives us written permission first.

WORTAHM DIGITAL must continue to follow these obligations, even after the Contract ends. Our responsibilities only stop if we can show any of the following: (i) that the information was already public when we came across it; (ii) the information became public after we came across it, but not because of anything we did or didn’t do; (iii) We already knew the information when We came across it and We didn’t have any obligation to keep it secret; (iv) a third party provided WORTHAM DIGITAL with the information without requiring that we keep it a secret; or (v) We created the information on its own, without using anything belonging to the Client.

THIRD PARTY CONFIDENTIAL INFORMATION

It’s possible the Client and the Agency each have access to confidential information that belongs to third parties. The Client and WORTHAM DIGITAL each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Agency is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.

OWNERSHIP & LICENSING - DESIGNS

2.1. CLIENTS OWNS ALL THE WORK PRODUCT

As part of this job, Agency (Employees at Wortham Digital) is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that our team works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. Agency hereby gives the Client this work product once the Client pays for it in full. This means Agency is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.

2.2 AGENCY's USE OF WORK PRODUCT

Once WORTHAM DIGITAL or Our team gives the work product to the Client, the Agency (WORTHAM DIGITAL) does not have any rights to it, except those that the Client explicitly gives the Designer/ Team/ Wortham Digital here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.

2.3 AGENCY’s HELP SECURING OWNERSHIP

In the future, the Client may need the Agency's help to show that the Client owns the work product or to complete the transfer. The Agency agrees to help with that. For example, the Agency may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Agency, the Agency agrees that the Client can act on the Agency’s behalf to accomplish the same thing.

The following language gives the Client that right: if the Client can’t find the Agency after spending reasonable effort trying to do so, the Agency hereby irrevocably designates and appoints the Client as the Agency's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Agency and on the Agency’s behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).

2.4 AGENCY’s IP THAT IS NOT WORK PRODUCT.

During the course of this project, the Agency might use intellectual property that the Agency owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Designer is not giving the Client this background IP. But, as part of the Contract, the Designer is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Designer cannot take back this grant, and this grant does not end when the Contract is over.

2.5 AGENCY’s RIGHT TO USE CLIENT's IP.

The Agency may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Agency to build a website, the Agency may have to use the Client’s logo. The Client agrees to let the Agency use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Agency’s job. Beyond that, the Client is not giving the Agency any intellectual property rights, unless specifically stated otherwise in this Contract.

OWNERSHIP & LICENSING - MUSIC, FILMS & OTHER VIDEOS

ACQUIRING LICENSES TO USE THIRD PARTY CONTENTS

Using third-party content, such as music, images, or video clips, is common in the digital age. Acquiring a license is essential if you want to use a large section or the entirety of someone else's work. However, it is crucial to pay attention to the terms of your agreement, which should entitle you to use the content in all the ways you need to and for the required duration.

MUSIC

Music is an essential element of videos and presentations, but not many companies or marketing teams have an in-house composer to create original music. In such cases, you can commission an original composition or obtain a license for a composition owned by a publisher and/or record label. Licensing usually involves obtaining a synchronization license from the song’s publisher and a master license from the record label that owns the rights to the recording. If you do not have a specific piece of music in mind for a project, it is recommended to look at dedicated music licensing services like Epidemic Sound or Artlist.io, which provide easy access to extensive libraries of music available for license.

Here at Wortham Digital we have partnered with various Artists and Composers and filmmakers to produce new music and Videos for everything we or our cleint required

IMP:

In India, the copyright laws are governed by the Copyright Act, 1957. As per the act, music and songs are considered to be intellectual property and are protected by copyright. Therefore, using copyrighted music without permission from the copyright owner could lead to legal issues. As a creative agency, it is our responsibility to ensure that your client's video does not infringe on any copyright laws. We always educate our clients on the legal implications of using copyrighted music without permission and suggest alternatives like royalty-free music or creating original music for the video. Additionally, we can provide guidance on how to obtain the necessary permissions and licenses to use copyrighted music legally.

CAN I USE COPYRIGHTED MUSIC ON INSTAGRAM REELS. visit this section of instagram copyright policies. : https://help.instagram.com/126382350847838?helpref=faq_content

IMAGES & VIDEO CLIPS

For Most of our Clients we produce high quality images and Videos of their premises, their products and others with our inhouse team of professional photoghrapher and filmmakers, even Cinematographers, and airels/ drone artists etc.. Copyrights will go the cleints as stated in Article 2.1 OWNERSHIP & LICENSING.

In other cases most marketers and companies tend to sign up to use libraries of stock images for a recurring fee. The industry-leading library, iStock by Getty Images, offers a vast array of royalty-free images and video clips, with yearly subscriptions.

The drawback to using free libraries is that cleint may find yourself using the same images as other players in your sector. To ameliorate this effect, you should consider using a stock image library for lower-visibility uses like blog posts, and buying exclusive licences from alternative sources for more prominent uses such as homepage imagery.

Whether purchasing rights from a library like iStock or from the original content creator, you should always take care to ensure the rights you’re getting cover the usages required. For example, do you need online rights only, or will you need print publication rights too? It’s easy to assume that because you’ve used a licensed image in printed artwork, it’s fine to use it online too – but that will not necessarily be the case.

CREATIVE COMMONS LICENCE

An alternative (zero-budget!) approach to securing third-party images is to search for images offered on a Creative Commons licence. This means the creator has made the image free for use by others (though this may come along with certain requirements, e.g. including an attribution to the creator, or reproducing the work in an unaltered form.) You can search for Creative Commons images at flickr.com/creativecommons. There are also dedicated libraries that specialise in creative commons licensed images that can be free to use or which just require you attribute the original creator of the image. Take a look at services like Unsplash who specialise in images which are free to use.

MANAGING YOUR LICENSE

WORTHAM DIGITAL has an asset management system for managing its content licenses. This will help prevent misuses by our team, and the resultant legal challenges or additional charges which may ensue. Every time we use an asset from subscription model or produce by ourselves which the exact terms of use for each asset can be carefully logged.

FAIR USE

Referencing other people’s work and ideas

Referencing other people’s work in your own content can be perfectly acceptable, even if you haven’t obtained permission to use it, provided the usage meets the criteria for what is legally known as “fair use”.

The source of the material used should be included; as should the author’s name, if possible.

Companies that breach fair use requirements by copying large sections of content without justification (or by copying other people’s work in its entirety) will not only face the risk of a legal challenge, but also that of search ranking penalties from Google and other search engines. The search “spiders” used to analyse content can detect where content has been duplicated, which enables search engines to hit plagiarists with search ranking penalties.

What constitutes fair use can vary greatly depending on the type of content used.

For example, in YouTube videos you can use up to 15 secs of anything – but if you use any more than that, the YouTube algorithm will class that as a breach of their own fair use terms and conditions. However, don’t make the mistake many have that because within YouTube its ok to use 15 seconds of video content that this gives you permission to use 15 seconds of video you find there anywhere. That’s not the case and you could potentially get yourself into legal hot water for assuming that.

POETRY

Meanwhile, is one of the trickiest types of third-party content to use from a fair use perspective. We have certainly worked with publishers who strongly discourage authors from making any use of poetry or song lyrics in their books because inserting just a few lines can constitute a major use. If you intend to use a section of a poem in your content, bear this in mind, and only use the portion you really need. A better option might be to commission some new verse from a contemporary poet