TERMS OF USE

Effective Date: 10.01.2025
Last Updated: 14.06.2025

Welcome to the official website of Qoyn Collective ("Qoyn", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of this website and describe how we engage with clients and collaborators. By using this website or entering into an engagement with us, you agree to be bound by these Terms. If you do not agree, please do not use the website.

1. Who We Are

Qoyn Collective is a strategy, design, and innovation studio registered in India, with presence in Mumbai, Bengaluru, and London. We work across disciplines to help organizations research, design, and launch experiences, products, and systems.

2. What We Do

Our services span three core pillars:

• Research & Strategy: Market studies, competitor scans, opportunity sizing, go-to-market plans

• Design & UX: Brand systems, websites, apps, prototypes, design systems

• Tech & Automation: Low/no-code builds, workflow automations, launch support

3. Our Process

Each engagement begins with a Scope of Work (SOW), which outlines tasks, deliverables, timelines, milestones and fees. Any change in SOW shall require a prior written consent from both parties.

4. Third-Party Dependencies

We primarily collaborate using tools such as Figma, Framer, Notion, Slack, Google Workspace, Adobe Creative Suite, and Make (Integromat). Clients receive real-time access to workspaces and are invited to provide comments and feedback at any stage.

5. Client Responsibilities

Clients are expected to provide necessary content, assets, approvals, and access to relevant stakeholders in a timely manner. If no feedback is received within 10 business days of delivery, the submitted work will be deemed accepted and approved.

6. Ownership of Work

Upon full and final payment of all invoices:

• Clients receive full rights to the final deliverables.

• Qoyn retains ownership of its pre-existing tools, working papers, codes, plans, designs templates, and proprietary frameworks.

• Any reusable components remain part of Qoyn’s internal library unless explicitly transferred in writing.

7. Payment Terms

• Invoices are issued based on milestones or monthly retainers, as defined in the SOW.

• Payments are due within seven (7) working days of the invoice date.

• Our fees are exclusive of taxes as applicable under the law at the time being in force.

8. Confidentiality & Data Protection

1. All details, documents, data, applications, software, systems, papers, statements, business/customer information, of our practices and trade secrets (hereinafter referred to as ‘Confidential Information’) which may be communicated to the Client and /or its employees and Authorized Persons shall be treated as absolutely confidential and You irrevocably agree and undertake and ensure that You shall keep the same secret and confidential and not disclose the same, in whole or in part to any person without the prior written permission of us nor shall use or allowed to be used any information than as may be necessary hereunder. You hereby specifically agree to indemnify and keep us indemnified safe and harmless at all times against all or any consequences arising out of any breach of this undertaking by you or your employees and shall immediately reimburse and pay us on demand all damages, loss, costs, expenses or any changes that We may suffer, incur or pay in connection therewith.

2. You hereby unconditionally agree and undertake that you shall not and that your personnel / Authorized Persons shall not disclose or publish the terms and conditions of our engagement or disclose the information submitted by us under this arrangement to any third party unless such disclosure is required by law.

3. All client data and project information is treated as confidential and stored in secure, role-based access systems. If personal data processing is involved (especially for EU/UK residents), a Data Processing Addendum (DPA) will be executed in compliance with applicable data laws.

9. Subcontractors, SaaS & AI Use

Qoyn may engage vetted freelancers and use third-party software tools and APIs, including AI services. We remain responsible for their work and compliance with these Terms.

10. Portfolio & Publicity Rights

By default, Qoyn may showcase completed works such as visuals, descriptions, and outcomes for self-promotion in decks, on our website, award entries, case studies, talks, and on digital platforms.

To restrict publicity:

• Clients must notify Qoyn before project commencement, and

• Execute a formal “no-publicity” agreement or NDA.

If no such agreement is in place, Qoyn’s right to display the work remains valid.

11. Fixes / Warranty

If any deliverables do not meet the agreed-upon scope, Qoyn will correct them at no additional charge, provided the issue is reported within 30 days of delivery.

12. Limitation of Liability & Insurance

In no event shall the aggregate total liability of Qoyn exceed the Fees paid by You in the preceding three months from the date of initiation of the project.

Qoyn maintains professional liability and cyber-risk insurance; policy details can be shared upon request.

13. Non-Solicitation

For a period of six (6) months after the final invoice date, You may solicit or hire any member of our team involved in the project, unless agreed in writing.

14. Termination & Suspension

Either party may terminate an engagement in the event of a material breach, including but not limited to non-payment, by providing written notice and a 14-day period to cure the breach. If the breach is not resolved within that time, the non-breaching party may forthwith terminate the engagement.

In cases where either party wishes to terminate the engagement for convenience, 30 days’ prior written notice must be provided. In such cases, all work completed and fees accrued up to the date of termination will be prorated and invoiced accordingly.

If a client invoice remains unpaid for more than 10 days past the due date, Qoyn reserves the right to pause all ongoing work and suspend further services until the outstanding amount is cleared.

15. Force Majeure

Neither party shall be liable for delays caused by circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government orders, or network outages.

16. Independent Contractor Status

Qoyn is an independent contractor. Nothing in these Terms creates a joint venture, agency, employment, or fiduciary relationship.

17. Governing Law & Jurisdiction

Unless otherwise stated in a specific SOW, any and all questions of enforceability and interpretation which may arise under this Agreement shall be determined and governed by and in accordance with the laws of State of Maharashtra, India. All claims, differences and disputes in connection with or arising out of this engagement including those related to its validity and performance shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at Mumbai.  This clause shall survive the termination of the engagement.

18. General Provisions

• Entire Agreement

This engagement, including any SOW, exhibits, schedules, annexures and attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or agreements, statements of work (SOW), understandings, representations, negotiations, and communications, whether written or oral, between the Parties relating to such subject matter. Any modifications or amendments to the engagement must be in writing and signed by authorized representatives of both Parties to be effective. 

• Severability: In the event that any one or more provisions contained herein shall, for any reason, be held to be unenforceable in any respect under the laws of India, such enforceability shall not affect any other provision herein contained. Instead, this Agreement shall be construed as if such unenforceable provision had not been contained herein. If either Party fails to enforce its rights under this Agreement, such failure shall not be deemed to be a waiver of those rights or any future rights.

• Survival: Any and all provisions of these Terms which by their nature or context are intended to survive termination or expiration shall so survive, including but not limited to clauses relating to confidentiality, intellectual property, payment obligations, limitation of liability, non-solicitation, governing law, and dispute resolution.

Contact Us

For questions regarding these Terms, please contact:
📧 writetous@qoyncollective.com