
TERMS OF USE
Legal Terms & Conditions
1. Acceptance of Terms
Acceptance of any proposal, quotation, purchase order, work order, invoice, online payment, or commencement of services shall constitute unconditional acceptance of these Terms and Conditions by the Client and/or user.
2. Scope of Services
Grad Varsity, referred as the "Company", shall provide services strictly in accordance with the mutually agreed scope of work. Any additional services, revisions, deliverables, or activities beyond the approved scope shall be treated as change requests and may attract additional charges.
3. Client Responsibilities
The Client shall provide all information, approvals, documents, content, branding materials, databases, and other inputs required for execution of the services in a timely manner. The Company shall not be responsible for delays, reduced performance, or inability to deliver services resulting from delayed approvals, incomplete information, inaccurate data, or non-cooperation by the Client.
4. No Guarantee of Results
Unless expressly agreed in writing, the Company does not guarantee any specific commercial outcome, including but not limited to:
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Student admissions or enrolments
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Number of enquiries or conversions
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Sales or revenue
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Media publication or editorial coverage
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Social media growth or engagement
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Website traffic
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Lead conversion rates
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Search engine rankings
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Business opportunities
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Return on investment (ROI)
The Company shall make commercially reasonable efforts to deliver the agreed services in a professional manner.
5. Data Accuracy
Where databases, student information, institutional information, or third-party contact details are collected or provided, the Company shall use reasonable efforts to verify such information. However, the Company does not warrant or guarantee the completeness, accuracy, availability, validity, or continued usability of any third-party data. The Client shall independently verify all information before using it for commercial or statutory purposes.
6. Intellectual Property
Unless otherwise agreed in writing, all methodologies, templates, workflows, designs, reports, communication strategies, presentations, software tools, databases developed by the Company, campaign concepts, and proprietary processes shall remain the exclusive intellectual property of the Company. The Client shall not reproduce, distribute, resell, modify, sublicense, or commercially exploit such proprietary materials without prior written consent.
7. Confidentiality
Both parties shall maintain confidentiality of all non-public information shared during the course of the engagement.
This obligation shall survive termination of the engagement.
Limitation of Liability
8. Exclusion of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any:
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Direct losses
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Indirect losses
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Consequential losses
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Incidental damages
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Special damages
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Punitive damages
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Loss of profits
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Loss of business
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Loss of opportunity
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Loss of goodwill
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Loss of reputation
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Loss of anticipated savings
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Loss or corruption of data
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Cybersecurity incidents beyond the Company's reasonable control
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Technical failures of third-party platforms
arising directly or indirectly from the use of, or inability to use, the Company's services.
9. Maximum Liability
Under no circumstances shall the Company's total aggregate liability arising out of any contract, proposal, invoice, or service engagement exceed the total professional fees actually received by the Company from the Client for the specific services giving rise to such claim.
10. Third-Party Platforms
The Company may use third-party platforms including CRM systems, social media platforms, email providers, advertising platforms, communication software, cloud services, AI tools, or other technology providers. The Company shall not be responsible for interruptions, outages, policy changes, suspension of accounts, data loss, service failures, algorithm changes, delivery failures, or actions taken by such third-party platforms.
11. Force Majeure
The Company shall not be liable for any delay, interruption, or failure in performance resulting from events beyond its reasonable control, including but not limited to:
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Natural disasters
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Government actions
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Regulatory changes
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Internet failures
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Power failures
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Pandemic or epidemic
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Labour disputes
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Civil disturbances
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Cyber attacks
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Acts of God
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Telecommunications failures
12. Indemnity
The Client agrees to indemnify, defend, and hold harmless the Company, its directors, employees, consultants, affiliates, and representatives against any claims, liabilities, damages, costs, penalties, legal proceedings, or expenses arising from:
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Information or materials supplied by the Client
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Misuse of services
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Violation of applicable laws
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Intellectual property infringement caused by Client-supplied content
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Misrepresentation by the Client
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Unauthorised use of deliverables
13. Compliance with Laws
The Client shall be solely responsible for ensuring that its use of the Company's services complies with all applicable laws, regulations, privacy requirements, advertising standards, and data protection obligations.The Company shall not be responsible for the Client's statutory, regulatory, or legal compliance.
14. Termination
The Company reserves the right to suspend or terminate services immediately in the event of:
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Non-payment
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Misrepresentation
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Breach of these Terms
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Abuse of personnel
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Illegal use of services
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Regulatory concerns
Termination shall not affect the Company's right to recover amounts already due.
15. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. The courts located in Bengaluru, Karnataka, shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the services provided by the Company.
16. Entire Agreement
These Terms, together with the accepted proposal, quotation, work order, purchase order, or invoice, constitute the entire agreement between the parties and supersede all prior oral or written communications relating to the engagement.
17. Amendments
The Company reserves the right to amend or update these Terms from time to time. The latest version published by the Company or incorporated into its proposals, quotations, invoices, or agreements shall prevail unless otherwise agreed in writing.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. No Waiver
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of its rights and shall not affect its ability to enforce such provision at a later date.
PAYMENT & REFUND
Payment Terms
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All invoices issued by the Company are payable as per the agreed commercial terms and become valid upon issuance.
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Payments made against an invoice shall be deemed as confirmation and acceptance of the services, scope of work, commercial terms, and these Payment & Refund Terms.
Refund Policy
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All payments made to the Company are final and non-refundable.
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No refund, whether partial or full, shall be permitted once an invoice has been issued and the corresponding payment has been received by the Company.
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Refund requests shall not be entertained on grounds including, but not limited to:
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Change of mind or business priorities.
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Cancellation by the Client after payment.
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Delay caused due to the Client's non-cooperation, non-responsiveness, or failure to provide required information, approvals, or materials.
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Partial utilisation or non-utilisation of the services by the Client.
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Internal organisational changes, management decisions, or budgetary constraints of the Client.
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Where a project, campaign, or service is discontinued, suspended, or terminated at the Client's request after payment, no refund or credit shall be payable for the unused or remaining portion of the services, unless expressly agreed in writing by the Company.
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The Company reserves the right to determine the commencement, scheduling, allocation of resources, and execution of services following receipt of payment.
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Any exception to this Refund Policy shall be entirely at the sole discretion of the Company and shall only be valid if approved in writing by an authorised representative of the Company.
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This Refund Policy forms an integral part of every proposal, quotation, work order, invoice, purchase order, and service agreement issued or accepted by the Company.