Terms of Service for MITHILA DAIRY PRIVATE LIMITED

Effective Date: [Insert Effective Date]

These Terms of Service ("Terms") govern access to and use of the services, facilities, website, and related offerings provided by MITHILA DAIRY PRIVATE LIMITED, a company incorporated in India, having its registered office at 005/18-A, VARDHAMAN PARK DESHMUKH HOMES, DOMBIVALI (EAST), MUMBAI, Maharashtra, India - 421203 ("Company", "we", "us", or "our"). By accessing, booking, purchasing, or using any of our services, you ("Client", "you", or "your") agree to be bound by these Terms.

1. Introduction and Acceptance of Terms

These Terms constitute a legally binding agreement between you and MITHILA DAIRY PRIVATE LIMITED in connection with the use of our podcast studio and related production services. If you do not agree to these Terms, you must not use our services, website, or studio facilities.

By making a booking, signing a service order, confirming a session, paying an invoice, or otherwise using our services, you acknowledge that you have read, understood, and agreed to these Terms, including any additional service-specific conditions, policies, or written agreements referenced herein.

2. Scope of Services

MITHILA DAIRY PRIVATE LIMITED operates a podcast-studio business and may provide one or more of the following services, subject to availability, booking confirmation, and applicable service orders:

• Profesjonell podkastinnspilling i lydisolert studio
• Teknisk opptak med lydtekniker på stedet
• Redigering og lydforbedring av episoder
• Produksjon av intro, outro og lydsignatur
• Direktesending av live-podkaster og samtaler
• Leie av studio for intervjuer, voice-over og innholdsproduksjon

We may also provide related support services such as pre-production consultation, session setup, file delivery, and technical assistance. Any service not expressly included in a written quotation, invoice, or service order is excluded unless otherwise agreed in writing by the Company.

We reserve the right to modify, suspend, or discontinue any service, equipment, or facility at any time, subject to any existing confirmed booking or mandatory legal obligations.

3. User Obligations and Responsibilities

You agree to use our services responsibly and in compliance with all applicable laws, regulations, and third-party rights. Without limiting the foregoing, you shall:

• Provide accurate, complete, and current information during booking, registration, and communication with the Company.
• Arrive on time for scheduled studio sessions and ensure that all participants are prepared and authorized to participate.
• Ensure that any content recorded, produced, published, or broadcast through our services does not infringe intellectual property rights, privacy rights, publicity rights, or any other legal rights of third parties.
• Obtain all necessary permissions, releases, licenses, and consents from guests, speakers, performers, and any other persons appearing in or contributing to the content.
• Not bring prohibited items, hazardous materials, illegal substances, or unauthorized recording devices into the studio premises.
• Use studio equipment, software, and facilities with due care and only for their intended purpose.
• Reimburse the Company for any loss, damage, theft, or excessive wear and tear caused by you, your guests, or your representatives, except to the extent caused by our gross negligence or willful misconduct.

You are solely responsible for the content you create, upload, transmit, publish, or distribute using our services. The Company does not review all content in advance and assumes no responsibility for user-generated content.

4. Payment Terms and Conditions

All fees, charges, taxes, and payment terms shall be as stated in the applicable quotation, invoice, booking confirmation, or service order. Unless otherwise agreed in writing:

• Bookings may require advance payment, a deposit, or full prepayment to confirm the reservation.
• All amounts are payable in the currency specified on the invoice or quotation.
• Taxes, duties, levies, and government charges shall be borne by you unless expressly included in the quoted price.
• Payments must be made by the due date stated on the invoice.
• Late payments may attract interest, administrative charges, or suspension of services, to the extent permitted by applicable law.
• Any bank fees, payment gateway charges, or foreign exchange costs shall be borne by you.

If a session exceeds the booked time, additional charges may apply based on our then-current rates or the rates stated in the service order. Final deliverables may be withheld until all outstanding amounts are paid in full.

5. Cancellation and Refund Policy

Cancellations and rescheduling requests must be made in writing or through the communication channel designated by the Company. The following principles apply unless a separate written agreement states otherwise:

• Deposits may be non-refundable, especially where studio time, personnel, or equipment have been reserved.
• Cancellation fees may apply depending on the notice period provided before the scheduled session.
• If you fail to attend a confirmed booking or arrive too late to reasonably complete the session, the booking may be treated as a no-show and charged in full or in part.
• Refunds, if any, will be processed only for amounts expressly eligible under the applicable booking terms and after deduction of any non-recoverable costs incurred by the Company.
• Where services have already been partially performed, refunds may be reduced proportionately to reflect work completed, materials used, and time reserved.

The Company may cancel or reschedule a booking due to technical issues, safety concerns, non-payment, misconduct, or force majeure. In such cases, our liability shall be limited to rescheduling the session or refunding the amount paid for the affected portion of the service, at our discretion and subject to applicable law.

6. Liability Limitations

To the maximum extent permitted by applicable law, MITHILA DAIRY PRIVATE LIMITED shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, loss of data, reputational harm, or loss of opportunity, arising out of or related to the use of our services.

Without limiting the foregoing, we are not responsible for:

• Technical failures caused by third-party platforms, internet outages, power interruptions, or equipment supplied by you or third parties.
• Content errors, omissions, or inaccuracies in scripts, recordings, edits, or live broadcasts provided or approved by you.
• Unauthorized access to, alteration of, or loss of content after delivery, except where caused by our proven gross negligence or willful misconduct.
• Any claims arising from your failure to obtain necessary permissions, licenses, or consents.

Our total aggregate liability for any claim arising out of or relating to the services shall not exceed the amount actually paid by you to the Company for the specific service giving rise to the claim during the period of three (3) months preceding the event giving rise to the claim, unless a different limitation is required by applicable law.

7. Intellectual Property Rights

All intellectual property rights in and to the Company’s website, branding, studio processes, templates, workflows, technical methods, software configurations, audio signatures, and pre-existing materials remain the exclusive property of MITHILA DAIRY PRIVATE LIMITED or its licensors.

Unless otherwise agreed in writing, upon full payment of all applicable fees, you will own the final custom content specifically created for you, excluding:

• the Company’s pre-existing materials, tools, templates, and proprietary methods;
• third-party materials incorporated into the deliverables;
• music, sound effects, stock assets, or licensed content subject to third-party terms;
• any raw footage, project files, session files, or editable source files, unless expressly included in the service order.

You grant the Company a non-exclusive, worldwide, royalty-free license to use your name, logo, trademarks, and submitted materials solely to provide the services, manage the booking, and maintain records, unless you notify us otherwise in writing and such restriction is feasible and lawful.

You represent and warrant that any materials you provide to us do not infringe the rights of any third party and that you have all necessary rights to authorize our use of such materials for the purpose of delivering the services.

8. Data Protection and Privacy

The Company may collect, use, store, and process personal data in connection with bookings, communications, billing, studio access, content production, and service delivery. We will handle personal data in accordance with applicable privacy and data protection laws and our internal privacy practices.

By using our services, you acknowledge that we may process information such as names, contact details, billing information, session details, audio/video recordings, and communications for the purposes of:

• providing and improving our services;
• managing bookings and payments;
• maintaining business records and legal compliance;
• responding to inquiries, disputes, and support requests;
• protecting the security of our premises, systems, and users.

Where recordings contain personal data of guests or participants, you are responsible for obtaining any required notices and consents unless we have expressly agreed in writing to do so on your behalf. We may retain records for as long as necessary for business, legal, tax, audit, or security purposes.

For privacy-related inquiries, please contact us using the details in Section 12.

9. Force Majeure

The Company shall not be liable for any delay, failure, or interruption in performance caused by events beyond our reasonable control, including but not limited to natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, power failure, internet outage, government action, equipment failure not caused by our negligence, or acts of third parties.

In the event of force majeure, we may suspend, postpone, or modify the affected services for the duration of the event and a reasonable recovery period thereafter. We will use commercially reasonable efforts to resume performance as soon as practicable.

10. Changes to Terms

We may revise these Terms from time to time to reflect changes in our services, operations, legal requirements, or business practices. The updated Terms will be effective upon posting on our website or upon notice to you, as applicable.

Your continued use of our services after any update constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our services and, where applicable, cancel any future bookings in accordance with the cancellation policy.

11. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles, subject to any mandatory consumer protection or other non-waivable legal rights applicable to you.

Subject to applicable law, the courts having jurisdiction over Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms, the services, or any related transaction.

12. Contact Information

If you have any questions, complaints, notices, or requests regarding these Terms or our services, you may contact MITHILA DAIRY PRIVATE LIMITED at:

• Registered Address: 005/18-A, VARDHAMAN PARK DESHMUKH HOMES, DOMBIVALI (EAST), MUMBAI, Maharashtra, India - 421203
• Email: [email protected]
• Phone: +91 22 8899 0011
• Company Registration / CIN: U74999MH2011PTC218575
• Website: flynxumbitflorbar.pro

13. Severability Clause

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

If any invalid or unenforceable provision can be modified to make it valid and enforceable while preserving its intent, it shall be deemed modified accordingly. The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms, together with any applicable quotation, invoice, booking confirmation, service order, and any written addendum, constitute the entire agreement between you and MITHILA DAIRY PRIVATE LIMITED regarding the services and supersede prior or contemporaneous understandings on the same subject matter, to the extent permitted by law.