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Terms of use

Welcome to beyonddbrand.com (Prior to rebranding we were marketercalibre.com, marketercalibre, Marketercalibre.com, Marketercalibre, Marketer Calibre)

 

The following terms and conditions govern all of the use of beyonddbrand.com website and all content, services, features, activities, consulting projects and products available at or through the website, including, but not limited to, marketercalibre.com

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The following are the terms of a legal agreement between the following parties. The use of reference and its interpretations are as follows.

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  • The company would refer to beyonddbrand.com, beyond brand, Sohan Jayasena, or any person representing the company.

  • The client would be any person or entity that partners with beyonddbrand.com as an advertiser, promoter, purchases the company's products and/or services such as marketing consulting etc , and/or any other method, viewing and consuming our content entity, or visitor who visited beyonddbrand.com

  • A partner would be but not not limited to an advertising agency, digital / creative agency, designer, research company etc or any person, company, or entity that partners with the company or it's client to develop any content for the company, a client etc. 

 

Any reference to “content” shall include/ not limited to owned logos, referred parties logos and information, logos of any customer of a client, business partner etc, images, photographs, videos, audio, materials, designs, design references, articles, templates, graphics, text, wording etc and any other media, inclusions etc.

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Any reference in this Agreement to “writing” or cognate expression includes a reference to an email sent to sohanjayasena@gmail.com or a WhatsApp message to +94777881798.

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Kindly note that by accessing, browsing, or using this Website, its products, and services it is understood that you have read, understood, and agree to the terms and to acknowledge and comply with all applicable laws and regulations.

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The company may, without notice to you, at any time revise these Terms of Use and any other information contained in this Website by updating this posting. beyonddbrand.com may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

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If you would have any concerns regarding our website, products or services etc please reach out to us in writing and we will make our best effort to assist your concern.

Any opinions expressed by the contributors, authors, and moderators who post Content are the personal opinions of the authors. whether or not the author is the founder, employees or contractors of marktercalibre.com. The Content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by beyonddbrand.com

The information we present in our articles are only the personal opinions of the authors and should not be taken as advice to make any sort of decision. We recommend consulting professional advice prior to making any decisions. 

Any articles, templates, or information, content provided by beyonddbrand.com on the website, consulting documents or any other mediums are for reference only. While we strive to keep the information up to date and correct, we make no representations, endorsements or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content on them. 

The documents of a consulting project sent is to be considered an internal, confidential document.

All content in the webpage, and consulting documents are only to provide an idea and a direction. Proper strategy and design should be incorporated to develop fresh ideas and designs avoiding copying and replicating 

The client would use all content with the best interest of the company and best corporate practices

Client's and Partners would ensure to use industry best practices when developing content and ensure all processes, procedures, tools are within the ethical and legal framework

Neither party shall disclose to a third party any Confidential Information received from the other party under this Agreement. Confidential Information may be identified as confidential at the time of disclosure, however failure to identify shall not mitigate the liability of the recipient to protect the confidentiality of such information. Confidential Information shall not include information that is independently developed by recipient or is in public knowledge or is already in the possession of the recipient or is received by receiving party from a third party. If receiving party is required to disclose Confidential Information due to a legal requirement, it shall provide prompt notice of the same to disclosing party. Confidentiality obligation shall survive until the Confidential Information is no longer classified as confidential. Receiving Party may share Confidential Information with its subcontractors and employees on a ‘need to know’ basis, provided such subcontractors and employees abide by similar confidentiality obligations

Partners shall ensure that its personnel performing the Services have entered into a valid Nondisclosure agreement related to all Intellectual property and confidential Information of the Company and it's clients

Client's and Partners shall comply with any policies made available by the Company from time to time related to Services to be provided pursuant to this agreement.

In the event the partner and/or client  uses people as models or any other requirement for the photographs, audio, videos, content and other materials taken (whether they be employees of the Company or client, its subsidiaries and affiliates, or any other person), it shall be the responsibility of the partner, client etc to obtain permission prior to usage from such people, owner of the content or in the case of professional models, to obtain permission from their agencies, to use their content or anything that may identify a person in any content created for the company or client. The Company shall not be liable for any concern that may arise and the partner, client would bare its liability.

The partner and client assures that it will use only original content and will not infringe the copyright or any matter of any third-party etc when developing content. The partner and/or client shall be responsible for the use of proper content.

The partners and clients shall comply with all relevant laws relevant to the Services performed.

If a partner and/or client uses material and/ or any other content downloaded from the internet or any other source, it is their responsibility  to check for usage terms, restrictions and the intellectual property attached to them and to ensure that they have received permission from the proper owner of such content for the usage of same and used only if permission is given, free and available for use without any terms, conditions or restrictions for use. A partner and/or client sending the company for design approval etc of such content to be published would imply that all conditions in this document have been met. 

The ownership of all content pertaining to the company developed by the partner for the client shall be the sole property of the client.

The ownership of all content pertaining to the company developed by the partner for the company shall be the sole property of the company

To assist with the services morefully discussed between the Parties, the Company may send reference content. Such content is not to be used at any time, in the designing or creative process or copied in any form. The intention of the Company in providing such content are for reference purposes only. 

During the designing and/ or creative process prior to sending for the company approval the partner and/or client should be cognizant of the Intellectual Property rights etc attached to any content etc. In the event of the use of content or any other content taken from the web or any other source should be checked for usage terms, conditions  and used only if its free and available for use without any terms, conditions or restrictions for use. The Company shall in no manner or capacity, encourage the violation and/ the infringement of the Intellectual Property of any third party. Once content is sent for design approval etc the company assumes that that all conditions in this document have been met. 

In the event of infringement of Intellectual Property rights or the violation of terms of usage due to the negligence or willful conduct of the partner, client and/ their employees and/ or their agents etc, the partner and/or client hereby agrees to indemnify and hold the Company harmless at all times from any loss, claim, prejudice, damage, costs, taxes, duties, penalties, interest thereon or expenses of any kind, including reasonable attorney’s fees and legal costs to which the Company may be subjected due to the partners, clients  negligence, willful action or failure to obtain the necessary written approval prior to the usage of content etc and the partner and/or client failure to inform the Company of such usage in writing and the necessary approvals/ payment of any royalty required.

In the event of using content from the internet or any source or any other media that was not created exclusively for the company or client by the partner and/or client the company shall not be under any obligation to indemnify the partner and/or client in the event of any suit or infringement of copyrights of any other person or entity.

These clauses shall survive termination and shall remain in force for the duration that the Company and/or client utilizes the content created by the partner.

When a partner is taken in by the client to assist the company in proving the products and services to the client, the client would ensure to have all necessary legal work done with the partner. The company would not be responsible in any way or form for the actions of the partner

When a client comes on board and hires the company as a marketing consultant, it expressly understood that the company solely provides recommendations. These recommendations should be discussed and agreed amongst the leadership of the client. Proceeding with the recommendations means that the client has agreed and found the recommendation to be in line with their view.

During a consultancy project the consultant will contribute expertise and recommendations throughout the project; however, final approvals will be reserved for the client's decision-making authority

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