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Terms & Conditions

1. Confidential Information:

  • a. Definition: “Confidential Information” shall include any non-public, proprietary, or confidential information, in any form or medium, disclosed by the Disclosing Party (Client) to the Receiving Party (Thinksurf Media LLP). This includes, but is not limited to, trade secrets,
    technical data, business plans, financial information, customer lists, marketing strategies, product designs, and any other information designated as confidential.
  • b. Exclusions: Confidential Information shall not include any information that:
  • i. Was already known to the Receiving Party prior to disclosure by the Disclosing Party, as evidenced by written and/or electronic and/or digital records.
  • ii. Is or becomes publicly available without a breach of this Agreement by the Receiving Party.
  • iii. Is independently developed by the Receiving Party without the use of any Confidential Information.
  • iv. Is lawfully obtained by the Receiving Party from a third party without a breach of any confidentiality obligation.

2. Obligations:

  • a. Confidentiality: The Receiving Party shall maintain the Confidential Information in strict confidence and use it solely for the purpose of fulfilling its obligations under the business relationship with the Disclosing Party.
  • b. Security Measures: The Receiving Party shall take reasonable measures to prevent the unauthorized disclosure,
    publication, or use of the Confidential Information, including implementing appropriate security measures to its utmost capacity.
  • c. Third-Party Disclosure: The Receiving Party shall not disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party, except as required by law. In such cases, the Receiving Party agrees to provide prompt
    notice to the Disclosing Party to allow for appropriate legal action to protect the Confidential Information.
  • d. Employee Obligations: The Receiving Party shall ensure that its employees, agents, or contractors who have access to the Confidential
    Information are bound by confidentiality obligations no less restrictive than those stated in this Agreement.
  • e. Return or Destruction: The Receiving Party shall promptly return or destroy all tangible and electronic copies of the Confidential
    Information upon the written request of the Disclosing Party or termination of the business relationship.

3. Term and Termination:

  • a. Effective Date: This Agreement shall become effective on the date of execution and shall remain in effect until and unless terminated in writing by either of the Parties to this agreement.
  • b. Post-Termination Obligations: Termination of this Agreement shall not relieve the Receiving Party of its obligations regarding the Confidential Information disclosed before termination.

4. Governing Law and Jurisdiction:

  • This Agreement shall be governed by and construed in accordance with the laws of the Government of India. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive
    jurisdiction of the courts of West Bengal and shall be governed in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended up to date.

5. Entire Agreement:

  • This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior discussions, understandings, or agreements, whether oral or written.

6. Access:

  • Domain Access will be provided by the Disclosing Party, C- Panel Access, All website admin details will be provided by the Receiving Party.
  • If the above terms are acceptable, please sign below to indicate your agreement to be bound by the terms of this Non-Disclosure Agreement.