Terms & Conditions.

Who we are

Brandwings is an India-registered design and engineering studio operating from Durgapur, West Bengal, India. Around 90% of our clients are Australian businesses. In these terms, "we", "us" and "Brandwings" mean the legal entity Brandwings; "you" and "client" mean the person or business engaging us.

Our registered correspondence address, GSTIN and contact details are available on request and listed on every invoice we issue.

Services we provide

We design, develop and maintain digital products, including:

• Websites (custom and CMS-based)
• E-commerce stores (Shopify, WooCommerce, custom)
• SaaS platforms (multi-tenant web applications)
• Mobile apps (native iOS, Android, React Native, Flutter)
• SEO and digital marketing retainers

The exact scope of any engagement is set out in the proposal you sign. Anything not in the proposal is out of scope and quoted separately.

Quotes & agreements

Quotes are fixed-price in Australian Dollars (AUD) unless explicitly noted otherwise, and remain valid for 30 days from the issue date. A quote becomes a binding agreement when:

1. You sign or email written acceptance of the proposal, AND
2. The first deposit invoice is paid in full.

Quotes for retainers (SEO, ongoing dev, support) are recurring monthly amounts agreed in writing, with cancellation terms set out in section 12.

Payments & invoicing

Unless agreed otherwise in writing:

• Project work: 50% of the total fee is invoiced and payable on signing; the remaining 50% is invoiced on launch / final delivery.
• Retainers: invoiced monthly in advance, payable within 7 days of invoice date.
• Currency: all amounts are in AUD unless stated. We accept bank transfer (AU PayID supported), Stripe (card), and Wise.
• Taxes: our invoices disclose any applicable Indian GST. We do not charge Australian GST as an India-registered foreign entity supplying digital services to AU businesses (please confirm reverse-charge GST handling with your accountant).
• Late payment: overdue invoices may pause active work. Invoices outstanding beyond 30 days may attract a 1.5% / month late fee.

Scope & changes

The proposal you sign defines the deliverables. Anything outside that scope — additional pages, new features, redesigns of approved work, integration with new systems — is a change request.

Change requests are quoted as either a fixed-price add-on or a small hourly rate (disclosed in your proposal), and must be approved in writing before work begins. We will not silently bill for unscoped work.

Timelines & delays

Estimated timelines are set in your proposal. We commit to those dates assuming:

• Final content, brand assets, and required access are provided on time.
• Approval rounds (design, content, QA) are returned within 3 business days.
• No major scope changes mid-project.

If a timeline slips because of client-side delays, we'll communicate honestly and adjust. Significant delays caused by Brandwings are made up at no extra cost.

Your responsibilities

For us to deliver well, you agree to:

• Provide accurate, lawful content (text, images, brand assets) and necessary access to platforms (domain registrar, hosting, app stores, etc.).
• Designate a single point of contact authorised to approve work.
• Review and respond to deliverables within agreed approval windows.
• Pay invoices on the dates set in your proposal.

Ownership & IP transfer

On full payment of the final invoice:

• You own all custom code, custom design files, copy and assets created specifically for your project.
• We transfer ownership of relevant accounts (GitHub repository, hosting, App Store / Play Console, Stripe, analytics) to your company.
• You receive admin credentials and any signing keys / certificates required to operate the product independently.

Until final payment, all work product remains our property and may not be used in production. Open-source libraries and third-party tools remain governed by their own licenses.

We retain the right to display non-confidential work in our portfolio and case studies, with your business name, unless you opt out in writing.

Confidentiality & NDA

We treat all non-public information you share with us as confidential and use it only to deliver the engagement. We will sign a one-way NDA on request, before the first scoping call, at no charge — provided it is reasonable in scope and duration.

Warranty

For 30 days after launch / final delivery, we will fix at no charge any defect that is:

• A reproducible bug in code or functionality we built, AND
• Not caused by changes you or third parties made post-launch, AND
• Not a feature request dressed up as a bug.

After 30 days, fixes are billed under a care-plan retainer or ad-hoc support quote.

Liability limits

To the maximum extent permitted by law:

• Our total liability under any engagement is capped at the fees actually paid by you to us in the twelve (12) months immediately preceding the claim.
• We are not liable for indirect, consequential or special losses (including lost profits, lost data, lost revenue, or business interruption).
• Nothing in these terms limits liability that cannot be limited under applicable law (including non-excludable consumer guarantees under the Australian Consumer Law where it applies).

Termination

Project work: either party may terminate for material breach (including non-payment) with 14 days' written notice and an opportunity to cure. On termination, you pay for work completed up to the termination date, and we hand over completed deliverables in their then-current state.

Retainers: after the initial minimum term stated in your proposal (typically 3 months for SEO and ongoing dev), either party may cancel with 30 days' written notice. Pre-paid amounts for unused months will not be refunded if you cancel mid-month, but will be applied as a credit against work done.

Disputes & governing law

These terms are governed by the laws of India, without regard to conflict-of-laws rules. We agree to attempt resolution in good faith for at least 30 days before initiating any formal proceedings.

Where a dispute cannot be resolved between us, the parties agree to arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996, seated in Kolkata, with proceedings conducted in English. For Australian clients, this does not exclude any non-waivable rights you may have under the Australian Consumer Law, which apply where mandatory.

Changes to these terms

We may update these terms occasionally to reflect changes in law, our service model, or operational practice. The "Last updated" date at the top reflects the current version. Material changes will be communicated to active clients in writing before they take effect for ongoing engagements.

Contact us

Questions, NDA requests, or anything we should clarify in plain English:

• Email: hello@thebrandwings.com
• Phone: +91 70019 81675 (Mon–Fri, AEST overlap)
• WhatsApp: 9475 002 482