By accessing mcflyworld.com, submitting an enquiry, signing a proposal or statement of work, or receiving deliverables from McFly World Communications Private Limited, you agree to these Terms & Conditions in full. If you do not agree, do not use our websites or services.
Summary (non-exhaustive):
Commercial terms are defined in your signed contract or statement of work. Website content is illustrative. Deposits and completed milestones are generally non-refundable. Liability is capped. Disputes are subject to the laws of India and courts with jurisdiction over our registered office, subject to mandatory consumer protections where applicable.
1. Definitions & acceptance
“Company”, “we”, “us”, “our” means McFly World Communications Private Limited, trading as McFly World, including its directors, employees, contractors, and authorised representatives.
“You”, “your”, “Client” means any person or entity that uses our websites, requests a proposal, enters into an agreement with us, or receives deliverables.
“Services” means professional services we supply — including but not limited to software development, web and app delivery, SEO, digital marketing, consulting, support, and managed deliverables — as described in an order, proposal, or statement of work.
“Deliverables” means tangible or intangible work product we provide under an agreement (e.g. code, designs, reports, configurations, documentation).
These Terms apply to website use and pre-contractual dealings. Where you have executed a separate master services agreement, statement of work, or order form, those documents prevail to the extent they conflict — but these Terms fill gaps where silent.
If any provision is held invalid, the remainder continues. Failure to enforce a right is not a waiver.
2. Website, communications & reliance
Content on mcflyworld.com (including service descriptions, timelines, pricing bands, and examples) is for general information and may contain errors or omissions. It does not constitute an offer capable of acceptance without our written confirmation.
Email, WhatsApp, phone, and video calls are useful for coordination but are not binding commitments on scope, price, or delivery until confirmed in writing (including a signed proposal, order, or statement of work) and, where required, accompanied by payment or purchase order as we specify.
You are responsible for the accuracy of information you provide (access credentials, brand assets, legal claims in copy, third-party API keys). Delays caused by late or incomplete inputs may extend schedules and incur additional fees.
3. Proposals, scope & change control
Written proposals set out assumptions, exclusions, milestones, and fees. Out-of-scope work requires a change request; we will estimate impact on time and cost before proceeding where practicable.
We may decline work that poses legal, security, or reputational risk, or that we cannot staff responsibly.
Third-party licences, SaaS subscriptions, media spend, and infrastructure billed pass-through remain your responsibility unless expressly included in writing.
4. Deliverables, acceptance & warranties
Unless otherwise agreed, you shall test and accept (or raise written defects within the window stated in your contract) each milestone. Silence beyond that window may constitute acceptance.
We warrant that Services will be performed with reasonable skill and care. We do not warrant uninterrupted or error-free operation of third-party platforms, search engine rankings, advertising ROAS, or specific business outcomes beyond what is expressly written in your agreement.
We remedy defects that fall within agreed acceptance criteria. Cosmetic or subjective preferences do not constitute defects unless specified as requirements in writing.
5. Intellectual property & licences
Unless your contract states otherwise, custom Deliverables are licensed or assigned as set out in that contract — commonly upon receipt of full payment for the applicable milestone.
Pre-existing tools, frameworks, libraries, and open-source components remain subject to their respective licences. You receive the rights necessary to use the Deliverables for your internal business purposes as stated in the agreement.
You grant us a limited licence to use your marks, content, and materials solely to perform the Services.
6. Confidentiality
Each party will protect the other’s non-public information using reasonable care. Obligations survive as stated in your NDA or contract. See our NDA page for how to start under formal confidentiality.
7. Fees, invoicing & taxes
Fees, currency, and payment milestones are as stated in your agreement. We may require deposits or advance invoices before scheduling or purchasing non-refundable third-party items.
Taxes (e.g. GST) are applied where legally required. Late payments may incur interest and suspension of work as permitted by law and your contract.
8. Suspension, termination & survival
Either party may terminate for material breach subject to cure periods in the contract. On termination, you pay for all work completed, committed third-party costs, and any minimum fees stated in the agreement.
Sections that by nature should survive (liability caps, confidentiality, IP, governing law) survive termination.
9. Limitation of liability & indemnity
To the fullest extent permitted by law:
- Our aggregate liability arising from any engagement shall not exceed the fees you paid us for that engagement in the twelve (12) months preceding the claim (or, if shorter, the fees paid for the specific Deliverable giving rise to the claim).
- We exclude indirect, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, except where such exclusion is prohibited by applicable law.
- You indemnify us against third-party claims arising from materials you supply, your use of Deliverables in breach of law, or your misrepresentation of rights in content you ask us to publish.
10. Force majeure
Neither party is liable for delay or failure due to events beyond reasonable control, including natural disasters, war, terrorism, pandemics, government action, major cloud or carrier outages, or supplier failures. Timelines extend accordingly.
11. Governing law & jurisdiction
Unless your signed contract specifies otherwise, these Terms are governed by the laws of India. Subject to mandatory rules, courts with competent jurisdiction over our registered place of business shall have exclusive jurisdiction. You waive objections to venue in those courts.
12. Miscellaneous
Assignment. We may assign our rights to an affiliate or successor. You may not assign without our prior written consent.
Entire agreement. These Terms, together with your executed contract for a given engagement, constitute the entire understanding for website use and the matters they cover.
Changes. We may update these Terms by posting a revised version on this page. Continued use of the website or new engagements after posting constitutes acceptance of the updated Terms to the extent applicable to pre-contractual use.
Language. The English version prevails over any translation.
Contact
Questions about these Terms: hello@mcflyworld.com · Request a proposal