Terms & Conditions

Payment Terms Summary
  • Payment Terms communicates information from the Supplier to the Customer about terms that apply to a payment e.g. charges that may apply if payment is late or discounts if payment is early
  • More than one Payment Terms may be specified and may be linked to Payment Means
  • If no Payment Terms are specified, general payment terms agreed between the Supplier and the Customer apply
  • Payment Terms are informative and their values are not included in any Invoice totals
Settlement Discounts

Settlement discounts result in the Payer paying less that the invoiced amount, typically if:

  1. The payment is made by a specified date and/or
  2. The payment is made by a specified means.
  3. Settlement discounts may be applied as follows:
    • The total amount is reduced by a fixed amount for the period e.g. if paid by cash within 1 day of Invoice date the total amount is 95 rather than 100. This fixed amount can be expressed as a percentage deduction from the total (5%) or a amount that is to be deducted (-5).
    • The total amount is reduced by a specified percentage for each day the payment is made before. for example, the due date for the specified Payment Means.
    • Settlement discounts can be specified in more than one period e.g. first 1 day 10%, next 2 days 5% using multiple instances of the Payment Terms class.
Penalty Charges

Penalty charges are added to the invoiced amount if the Payer pays later than the Payment Means due date and/or by a specific Payment Means. Penalty charges are commonly applied as follows:

  • A fixed charge is added to the invoiced amount. Specified penalty % is added to the invoiced amount for each day that the payment date exceeds the due date.
  • Multiple penalty periods (specified in multiple instances of the Payment Terms class) must be summed and added to the invoiced amount. For example, there may be one penalty percentage for the first 3 days past due date, another for the next 3 days, and so on.
  • Discounts and charges described in Payment Terms are informative and their values are not included in any Invoice totals.
Penalty Period

Penalty Period specifies the dates that should be used when calculating penalty charges for the given Payment Terms.

For example, if:

  • The payment due date (specified in Payment Means) is 1 June 2012 and the terms specify that penalty charge should not be applied until the 5 June 2012, but using the due date (1 June 2012) as the date from which the penalty should apply then the Settlement Period start date would then be 5 June 2012 but the Penalty Period Start Date would be 1 June 2012.
  • If the invoice is paid after the 5 of June 2012 there is a fixed late payment fee of # Rupees and penalty surcharge of 10%.
  • An Invoice is issued on 1 January 2012. The due date specified in Payment Means is 5 June 2012. Penalties are charged from 5 June 2012 (after a 5 days grace period) but calculated from the due date.
  • If the Invoice is paid 5 or more days before due date there is a 5% discount. Penalty charges are 10% - When penalty charges start, there is a # Rupees fixed charge. Thirty days after the due date there is an additional # Rupee collection charge and penalty interest is raised to 15%.
Note: '#' Amount Figure will be mentioned in the respective Invoices based on the nature of work and subjected to change as per the circumstances.
Agreement between User & Orange Web Studios

The OWS website (the “Website”) is offered to you (”you,” “your” or “user”) conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions and notices. Additionally, the website may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features. Except as expressly provided in such promotional terms, these terms of use shall be binding between you and OWS.

Modification of these Terms of Use

OWS reserves the right to change the website as well as the terms, conditions and notices under which the website is offered, including but not limited to any charges associated with the use of the website You are responsible for regularly reviewing these terms and conditions. Your use of the website shall be conclusively deemed an acceptance of these terms.

Personal & Non-Commercial use limitation

Unless otherwise agreed in writing by OWS, the website is for your personal and non-commercial use. OWS grants you a limited, revocable and nonexclusive license to access and make personal use of the website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the website without express written consent from OWS. You may not create a hyperlink to the website on any other website or location on any computer network without express written consent from OWS.

Trademarks & Copyrights

All content on website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of OWS or its content suppliers and protected by India and international copyright laws. Unauthorized duplication is a violation of these laws, and may subject you to civil and criminal penalties.

OWS and other marks indicated on the website are registered trademarks of OWS or its affiliates in the India and other countries. OWS graphics, logos, page headers, button icons, scripts and service names are trademarks and trade dress of OWS or its affiliates. OWS’s trademarks and trade dress may not be used in connection with any other party’s product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to OWS. All other marks not owned by OWS or its affiliates are the property of their respective owners.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of OWS or its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing OWS’s name or trademarks without OWS’s express written consent.

Links to third Party Sites

OWS has provided links to Internet sites maintained by third parties, over which OWS has no control. OWS does not endorse the content, operators, products or services of such sites, and OWS is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. OWS shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, products or services available on or through such sites.

Information Disclosure

OWS reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at OWS’s sole discretion.

Applicable Law

By visiting the website, you agree that the laws of the State of Karnataka, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute arising between you and OWS.

Dispute Resolution

Any dispute relating in any way to the website shall be submitted to confidential arbitration in Bnagalore, Karnataka, except that to the extent, you have in any manner violated or threatened to violate OWS's intellectual property rights, OWS may seek injunctive relief or other appropriate relief in any state or federal court in the state of Karnataka, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Indian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.

Severability

If any of the terms or conditions in these Terms of Use shall be deemed invalid, void or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.