Terms & Conditions
Welcome to the website of NAAMAAKAR (hereinafter “NAAMAAKAR”, “we”, “us” or “our”), a Brand Naming & Business Launch Lab, Trusted Since 2012. By accessing or using this website, its content, tools, resources, forms, communications or services, you agree to these Terms & Conditions (hereinafter “Terms”). These Terms govern your access to and use of the NAAMAAKAR website, communications, proposals, portfolios, creative materials and services. NAAMAAKAR (hereinafter “NAAMAAKAR”, “we”, “us” or “our”) is a Brand Naming & Business Launch Lab, trusted since 2012.
In these Terms, “Client”, “you” and “your” mean the person or entity accessing our website, requesting our services, receiving a proposal or portfolio, or engaging us for a project.
By accessing our website, accepting a proposal, making a payment, sharing project instructions, receiving or using a portfolio, or implementing any recommendation, you agree to these Terms.
8. Revisions & Additional Work:
The engagement includes only the number and type of revisions specified in the selected package or Engagement Document. A revision means a refinement of an existing approved direction within the agreed scope. It does not include a fresh naming exploration, a new strategy direction, a substantial change in brief, additional design concepts, new deliverable categories, work arising from delayed feedback, or a change after written approval. Any additional revisions, new naming explorations, expanded research, additional deliverables or out-of-scope work will be subject to additional professional fees and may require revised timelines.
1. Our Services:
NAAMAAKAR provides brand naming, brand strategy, trademark risk-assessment support, intellectual-property registration support, business-registration assistance, creative design, brand identity, legal-policy support, launch support and related services.
The exact deliverables, timelines, fees, revision limits, exclusions and responsibilities for a particular engagement will be stated in the applicable proposal, quotation, package description, invoice, email confirmation or statement of work (hereinafter “Engagement Document”).
If there is any inconsistency between these Terms and an Engagement Document, the Engagement Document shall prevail for that specific engagement.
2. Scope of Services:
Each portfolio, recommendation, report, presentation or creative deliverable is prepared exclusively for the named Client, based on the selected package, agreed scope and information supplied by the Client. Our recommendations are limited to the agreed scope of services.
Work outside that scope - including additional research, new naming directions, additional classes or jurisdictions, expanded creative work, legal representation, objection responses, opposition work or further revisions, may require a separate scope, timeline and professional fee.
NAAMAAKAR is not required to provide any service, deliverable, source file or recommendation that is not expressly included in the applicable Engagement Document.
3. Client Responsibilities:
The Client shall:
1. provide complete, accurate, lawful and timely information, instructions, documents,
approvals and feedback;
2. ensure that it has the authority to instruct NAAMAAKAR and use any materials, data, logos,content or references supplied to us;
3. review all deliverables carefully before approval, filing, publication, production,
registration or commercial use;
4. obtain independent professional advice where appropriate; and
5.make payments in accordance with the applicable Engagement Document or invoice.
NAAMAAKAR may rely on information and instructions provided by the Client. We are not liable for delays, errors, refusals, additional costs, loss of rights or other consequences resulting from incomplete, inaccurate, misleading, delayed or unauthorised information or instructions.
4. Creative Recommendations & Final Decisions:
Proposed brand names, taglines, logo concepts, visual identities, messaging, designs and other creative materials are recommendations created to support the Client’s brand-building process. The final decision to adopt, use, file, launch, publish, manufacture, market or otherwise commercially exploit any recommendation rests solely with the Client. The Client remains responsible for conducting suitable due diligence and obtaining any professional, legal, regulatory, tax, commercial or technical advice required before implementation. Unless expressly stated otherwise in writing, NAAMAAKAR does not guarantee that any recommendation will achieve a particular commercial, marketing, legal, registration or business outcome.
5. Trademark and Legal Clearance:
NAAMAAKAR’s screening, risk-assessment and naming recommendations are not a legal opinion, certificate of absolute availability, confirmation of ownership, confirmation of freedom to use, or assurance of trademark registration. Trademark registration is subject to examination, procedure and decision by the relevant Trade Marks Registry or other competent authority. Rights of third parties, including unregistered rights, prior use, domain names, regional use, international registrations, marketplace use and other facts not visible in a search, may affect the availability or use of a name or mark. The Client is solely responsible for deciding whether to adopt or use a recommendation and for obtaining formal legal advice or representation where required.
6. Intellectual Property & Ownership:
Unless otherwise agreed in writing, all proposed brand names, concepts, taglines, logo concepts, design directions, brand identity elements, research, presentations, portfolios, drafts, templates, working files, methodologies and other creative materials remain the intellectual property of NAAMAAKAR until all agreed professional fees and applicable charges have been paid in full. Upon full payment, the Client may adopt and use only the final brand name, logo, identity or other final deliverable expressly approved and transferred to the Client under the applicable Engagement Document.
The Client shall not, without NAAMAAKAR’s prior written consent:
1. use, register, publish, commercialise or transfer an unselected proposed
brand name, tagline, concept, logo concept or creative direction;
2. reproduce, share, modify or create derivative works from unselected materials;
3. claim ownership of any unselected naming option, concept or creative material; or
4. provide such materials to another agency, designer, consultant, competitor or third party for use or development.
NAAMAAKAR reserves the right to retain, modify, recommend, reuse or license any unselected brand names, concepts, taglines, logo concepts and creative materials for other projects or clients, subject to applicable legal and ethical considerations. Unauthorised use of an unselected brand name, concept or creative material may constitute a breach of these Terms and an infringement of NAAMAAKAR’s intellectual-property rights. NAAMAAKAR reserves all rights and remedies available under applicable law.
7. Confidentiality:
Every portfolio, proposal, naming list, strategy document, creative presentation, report and related communication supplied by NAAMAAKAR is confidential and intended solely for the named Client and its authorised internal decision-makers. The Client shall not copy, reproduce, publish, distribute, disclose, share, forward, upload, present or make any material available to a third party without NAAMAAKAR’s prior written consent, except to its professional advisers who are bound by equivalent confidentiality obligations.
This clause does not apply to information that is publicly available through no breach of these Terms, lawfully obtained from an independent source, or required to be disclosed by law or a competent authority.
13. Website Use:
You may use the NAAMAAKAR website for lawful, personal or internal business purposes only. You must not:
1. misuse, disrupt, damage or interfere with the website or its security;
2. upload or transmit harmful code, spam or unlawful content;
3. scrape, copy, reproduce or commercially exploit website content without permission;
4. impersonate another person or provide false information; or
5. use the website in a manner that infringes the rights of NAAMAAKAR or any
third party.
All website content, including the NAAMAAKAR name, logo, visual identity, text, graphics, layouts, illustrations, tools and resources, is owned by or licensed to NAAMAAKAR unless otherwise stated.
9. Fees, Payments & Taxes:
Fees, payment schedules and payment methods will be stated in the applicable Engagement Document or invoice. Unless agreed otherwise in writing:
1. fees are exclusive of applicable taxes, government fees, statutory fees, third-party charges and out-of-pocket expenses;
2. work may begin only upon receipt of the agreed advance payment;
3. final deliverables, intellectual-property transfer and usage rights are released only after full payment;
4. delays in payment may delay delivery, filing, communication or project completion; and
5. overdue amounts may attract reasonable collection costs and interest, where permitted by law.
Payments made for completed work, reserved capacity, research, creative development or delivered materials are non-refundable, except where expressly agreed in writing or required by applicable law.
10. Government, Third-Party & Digital Services:
Certain services may involve government authorities, intellectual-property registries, domain registrars, payment providers, printers, hosting providers, social-media platforms, consultants or other third parties. NAAMAAKAR does not control and is not responsible for their decisions, availability, processing times, fees, policies, security, actions, omissions, delays, errors or outcomes. Third-party services are governed by their own terms and conditions.
The Client is responsible for paying applicable government and third-party charges unless the Engagement Document expressly states otherwise.
11. Timelines & Approvals:
Any timeline communicated by NAAMAAKAR is an estimate based on the information available at the time. Timelines may change due to Client delays, scope changes, revisions, government processes, third-party dependencies, public holidays, technical issues or events beyond our reasonable control.
The Client shall provide feedback, approvals and materials within the agreed or reasonably requested timeframe. Where the Client delays a project for more than 30 days, NAAMAAKAR may revise the timeline, reallocate project capacity, charge a reactivation fee or close the project after giving reasonable notice.
12. Suspension & Termination:
NAAMAAKAR may suspend or terminate an engagement if the Client:
1. fails to make payment when due;
2. provides unlawful, misleading or infringing information or instructions;
3. behaves abusively, threatens our team or engages in misconduct;
4. requests work that is unethical, unlawful or outside our professional capability; or
5. materially breaches these Terms.
Either party may terminate an engagement by written notice, subject to the Engagement Document. On termination, the Client shall pay for all work completed, time reserved, expenses incurred and commitments made up to the termination date.
Unless expressly agreed otherwise in writing, no ownership, licence or right to use unfinished or unpaid materials will transfer to the Client.
NAAMAAKAR
Brand Naming & Business Launch Lab
702A, Pushp Vinod 15 (Bhagyasiddhi), Haridas Nagar, Kalpana Chawla Chowk,
Borivali West, Mumbai, Maharashtra – 400092
Email: connect@naamaakar.com; naamaakar@gmail.com
Phone: +91-9993379134 or +91-9424353158
15. Limitation of liability:
To the fullest extent permitted by applicable law, NAAMAAKAR shall not be responsible for trademark refusals, objections, opposition, rectification, infringement claims, domain conflicts, social-media-handle conflicts, third-party claims, government delays, registration outcomes, commercial losses or any legal or commercial consequence arising from the Client’s adoption, use, filing, publication or implementation of any recommendation contained in a portfolio or otherwise supplied by NAAMAAKAR.
NAAMAAKAR, its founders, employees, consultants, associates, partners and service providers shall not be liable for any indirect, incidental, special, consequential, punitive or commercial loss, including loss of profit, revenue, data, goodwill, business opportunity or anticipated savings.
To the extent liability cannot be excluded, NAAMAAKAR’s total aggregate liability arising from a particular engagement shall not exceed the professional fees actually received by NAAMAAKAR from the Client for that engagement during the [three] months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot legally be excluded or limited.
14. Disclaimers:
Website content and NAAMAAKAR’s general educational materials are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, NAAMAAKAR makes no representation or warranty regarding the accuracy, completeness, availability, reliability, merchantability, fitness for a particular purpose, non-infringement or suitability of such content.
Nothing on our website or in a general portfolio constitutes legal, tax, financial, accounting, investment or regulatory advice. A formal professional relationship arises only in accordance with the applicable Engagement Document.
17. Acceptance:
The Client’s acceptance of a proposal, payment of any invoice, receipt or use of a portfolio, implementation of any recommendation, or continued use of the website constitutes acceptance of these Terms.
16. Indemnity:
The Client agrees to indemnify and hold harmless NAAMAAKAR, its founders, employees, consultants, associates, partners and service providers from claims, losses, liabilities, damages, costs and expenses arising from:
1. the Client’s breach of these Terms;
2. inaccurate, incomplete, unlawful or unauthorised information, materials or instructions supplied by the Client;
3. the Client’s adoption, use, registration, publication or commercialisation of any recommendation; or
4. the Client’s infringement of a third party’s rights.
20. Contact Us:
For questions about these Terms & Conditions, please contact:
18. Governing Law & Jurisdiction:
These Terms shall be governed by the laws of India. Subject to applicable law, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over disputes arising from or relating to these Terms, the website, a portfolio or any engagement with NAAMAAKAR.
19. Changes to these terms:
NAAMAAKAR may update these Terms from time to time. The updated version will be published on this page with a revised “Last updated” date. Continued use of the website or services after publication constitutes acceptance of the updated Terms.