Last Updated: October 6, 2026
Welcome to BER Services (“BER Services,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website, thebermedia.com (the “Website”), and your engagement with our digital services.
By accessing or using the Website, submitting an enquiry, requesting a quotation, or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree with these Terms, please do not use the Website or our services.
1. About Our Services
BER Services provides digital solutions and technology services, which may include:
Custom website design and development
Custom software development
Mobile application development
eCommerce development
Digital marketing
Search engine optimization (SEO)
Branding and graphic design
Website maintenance and support
Consulting and other related digital services
The specific services, deliverables, timelines, fees, and responsibilities applicable to a particular project will be set out in the relevant proposal, quotation, statement of work, service agreement, purchase order, or other written agreement between BER Services and the client.
2. Website Use
You agree to use the Website only for lawful purposes and in a manner that does not:
Violate any applicable law or regulation;
Infringe the rights of BER Services or any third party;
Attempt to gain unauthorized access to our systems, servers, or accounts;
Introduce viruses, malware, malicious code, or other harmful material;
Interfere with the operation or security of the Website;
Copy, reproduce, scrape, distribute, or commercially exploit Website content without authorization.
We reserve the right to restrict or terminate access to the Website where we reasonably believe these Terms have been violated.
3. Enquiries and Quotations
Information submitted through our contact forms, consultation requests, email, telephone, or other communication channels may be used to respond to your enquiry and prepare a proposal or quotation.
Any quotation or estimate provided by BER Services is subject to the assumptions, scope, validity period, and conditions stated in that quotation.
A quotation does not constitute a binding contract until accepted by the client and confirmed by BER Services in writing or through execution of the applicable agreement.
4. Project Scope and Deliverables
Before beginning a project, the client and BER Services should agree on the scope of work and expected deliverables.
Any material change to the agreed scope may result in:
Additional fees;
Changes to the delivery schedule;
Additional development or design time; or
A revised project agreement or change request.
Requests outside the agreed scope may be treated as additional work and will be quoted separately.
5. Client Responsibilities
The client is responsible for providing accurate, complete, and timely information, content, materials, approvals, credentials, and other resources reasonably required to complete the project.
The client represents that it has the necessary rights, licenses, permissions, and authority to provide any text, images, logos, trademarks, software, data, videos, documents, or other materials supplied to BER Services.
BER Services is not responsible for delays caused by the client’s failure to provide required information, approvals, feedback, access, or materials in a timely manner.
6. Payments and Fees
Fees, payment schedules, taxes, deposits, milestones, and other commercial terms will be specified in the applicable proposal, quotation, invoice, or service agreement.
Unless otherwise agreed in writing:
A project may require an advance payment before work begins;
Work may be paused where invoices remain unpaid;
Additional work outside the agreed scope may incur additional charges; and
The client remains responsible for approved third-party costs associated with the project.
All applicable taxes, government charges, payment-processing fees, hosting charges, domain charges, software subscriptions, licenses, advertising expenditure, and third-party service costs will be handled as specified in the relevant commercial agreement.
7. Late Payments and Suspension
If a payment becomes overdue, BER Services may, after providing reasonable notice, suspend work or access to applicable services until outstanding amounts are paid.
Suspension caused by non-payment may affect the original project timeline, and BER Services will not be responsible for resulting delays attributable to the client’s failure to pay.
8. Project Timelines
Project timelines are estimates unless a specific deadline has been expressly agreed in writing.
Delivery dates may be affected by:
Changes in project scope;
Delays in receiving client materials or approvals;
Third-party service providers;
Technical dependencies;
Hosting, domain, payment gateway, API, or platform issues;
Unforeseen technical difficulties; or
Events outside BER Services’ reasonable control.
We will make reasonable efforts to communicate material delays and agree on revised timelines where appropriate.
9. Website, Software and Application Development
For development projects, the final functionality of a website, software application, or mobile application will be based on the agreed specifications and scope.
Unless expressly included in the project agreement, the following may be charged separately:
Third-party APIs;
Premium plugins or themes;
Hosting;
Domain registration;
SSL certificates;
Paid software or SaaS services;
Payment gateway charges;
App-store or marketplace fees;
Third-party licenses;
Ongoing maintenance and support.
Third-party platforms and services are subject to their own terms, availability, limitations, and policies.
10. SEO and Digital Marketing
SEO, advertising, social media marketing, content marketing, and other digital marketing services involve external platforms and factors outside our complete control.
BER Services does not guarantee:
A specific search-engine ranking;
A specific number of leads, sales, visitors, or conversions;
Approval of advertisements;
Continued availability of any advertising platform;
A particular return on advertising expenditure; or
A specific business outcome.
Any performance targets or projections provided to a client are estimates unless expressly guaranteed in a written agreement.
11. Intellectual Property
Unless otherwise stated in writing, BER Services retains ownership of its pre-existing materials, proprietary methodologies, frameworks, templates, reusable code, libraries, tools, processes, know-how, and other intellectual property developed independently of a client’s project.
Upon receipt of all applicable project payments, ownership or usage rights in the final client-specific deliverables will be transferred or licensed to the client according to the terms specified in the applicable project agreement.
Third-party software, fonts, images, plugins, libraries, APIs, stock assets, and other third-party materials remain subject to their respective licenses.
12. Client Content and Materials
The client retains ownership of content and materials supplied by the client.
By providing such materials to BER Services, the client grants BER Services the necessary permission to use, reproduce, modify, and process those materials solely to the extent reasonably required to provide the agreed services.
The client is responsible for ensuring that its materials do not infringe the intellectual property, privacy, publicity, or other rights of any third party.
13. Portfolio and Promotional Use
Unless otherwise agreed in writing, BER Services may identify completed client projects and display non-confidential portions of completed work in its portfolio, website, presentations, proposals, case studies, and marketing materials.
If a client requires a project to remain confidential or not be used for promotional purposes, the client should notify BER Services in writing.
14. Third-Party Services
Our services may depend on third-party platforms, including hosting providers, domain registrars, payment gateways, advertising platforms, analytics providers, app stores, APIs, cloud services, plugins, and software providers.
BER Services does not control the availability, security, policies, pricing, functionality, or continued operation of third-party services.
We are not responsible for losses or interruptions caused directly by a third-party provider, except to the extent otherwise required by applicable law or expressly agreed in writing.
15. Website Availability
We aim to keep the Website available and functional but do not guarantee that it will always be uninterrupted, secure, error-free, or available at all times.
We may modify, suspend, update, or discontinue portions of the Website without prior notice where reasonably necessary.
16. Accuracy of Information
We make reasonable efforts to keep information on the Website accurate and current. However, descriptions, service information, pricing references, articles, estimates, and other content may change without notice.
Website content is provided for general informational purposes and should not be treated as a binding quotation or professional advice unless expressly stated otherwise.
17. Confidentiality
Each party agrees to maintain the confidentiality of non-public information received from the other party in connection with a project or business relationship.
Confidential information does not include information that:
Is publicly available through no breach of confidentiality;
Was already lawfully known to the receiving party;
Is independently developed without use of confidential information; or
Must be disclosed under applicable law or a valid legal requirement.
Where a separate confidentiality or non-disclosure agreement exists, that agreement will govern confidentiality matters to the extent of any inconsistency.
18. Data Protection and Privacy
We may collect and process personal information when you visit our Website, submit an enquiry, communicate with us, or engage our services.
Such information will be handled in accordance with our Privacy Policy, as applicable.
You should not submit sensitive personal information through public website forms unless specifically requested and appropriate security measures have been established.
19. Limitation of Liability
To the maximum extent permitted by applicable law, BER Services will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings arising from the use of the Website or our services.
Where liability cannot legally be excluded, BER Services’ liability will be limited to the extent permitted by applicable law and, where applicable, the fees paid by the client for the specific service giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
20. Indemnification
To the extent permitted by applicable law, the client agrees to indemnify and hold harmless BER Services, its directors, employees, contractors, and representatives from claims, losses, liabilities, damages, costs, and expenses arising from:
Client-provided content or materials;
The client’s unlawful use of our services;
The client’s breach of these Terms;
The client’s infringement of third-party rights; or
The client’s violation of applicable law.
21. Termination
Either party may terminate a project or service relationship in accordance with the applicable project agreement.
BER Services may suspend or terminate access to the Website or services where reasonably necessary because of:
Material breach of these Terms;
Non-payment;
Fraudulent or unlawful activity;
Misuse of our systems or services; or
Other circumstances permitted under the applicable agreement.
Termination does not affect rights or obligations that accrued before termination.
22. Refunds and Cancellations
Refunds, cancellations, deposits, milestone payments, and termination charges will be governed by the applicable quotation, proposal, service agreement, or refund policy.
Unless expressly stated otherwise in writing, fees for work already completed, approved third-party expenses, non-refundable licenses, subscriptions, advertising expenditure, domain registrations, hosting, and other committed costs may not be refundable.
23. Force Majeure
BER Services will not be responsible for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including natural disasters, war, terrorism, government actions, internet or telecommunications failures, widespread cyber incidents, power outages, labor disruptions, pandemics, or failures of third-party infrastructure.
24. Links to Third-Party Websites
The Website may contain links to third-party websites or services.
These links are provided for convenience only. BER Services does not control or endorse third-party websites and is not responsible for their content, security, privacy practices, availability, or terms.
25. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, business practices, technology, or applicable legal requirements.
The updated version will be published on this page with a revised “Last Updated” date.
Your continued use of the Website after an updated version is published constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
26. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of India.
Subject to any mandatory dispute-resolution requirements or applicable law, disputes arising out of or relating to these Terms or the services provided by BER Services shall be subject to the jurisdiction of the competent courts in Ghaziabad, U.P.
27. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
28. Entire Agreement
These Terms, together with any applicable proposal, quotation, statement of work, service agreement, privacy policy, or other written agreement, constitute the agreement governing your use of the Website and the relevant services.
If there is a conflict between these Terms and a specific written client agreement, the specific written agreement will prevail to the extent of the conflict.
29. Contact Us
If you have questions regarding these Terms, please contact us:
BER Services
Website: thebermedia.com
Email: [email protected]
Important: These Terms are intended as a practical website terms template and should be reviewed by an Indian lawyer before publication, particularly the liability, refunds, intellectual property, data protection, dispute resolution, and jurisdiction provisions.