Terms of service

1. About these terms

These terms apply to your use of brandhamlet.com and, alongside a signed service agreement, to services we provide. Where these terms conflict with a signed service agreement, the service agreement prevails.

2. Our services

We provide Amazon marketplace management services to brand owners, including account management, advertising management, catalog and listing work, creative production, analytics and reporting, and operational and compliance support. The specific services, marketplaces and deliverables for an engagement are set out in the service agreement.

3. Client responsibilities

• You retain ownership and control of your Amazon selling account. We act under user permissions you grant, and you may withdraw them at any time.
• You are responsible for the accuracy and legality of the product information, claims, certifications and assets you provide to us.
• You are responsible for your products' compliance with applicable law and with Amazon's policies, and for holding any licences, registrations or approvals your products require.
• You will provide the cost and supply information we need to produce accurate reporting and forecasting.
• You remain the seller of record and remain responsible for your account, its performance metrics and its standing with Amazon.

4. Our commitments

• We will perform the services with reasonable skill and care, using appropriately experienced people.
• We will work within Amazon's policies. We will not carry out review manipulation, ranking manipulation, related-account schemes or any other practice that would breach Amazon's terms, and we may decline or terminate an engagement that requires it.
• We will keep your information confidential and handle data as described in our Privacy policy and Data and security practice.
• We will tell you promptly if something material goes wrong on the account.

5. No guarantee of results

Amazon controls search placement, Buy Box allocation, badge eligibility, fee structures, advertising delivery and account standing. We do not control them, and no representation on this website or in our proposals should be read as a guarantee of sales, ranking, placement, profit or any other outcome. Where we present figures or examples on this website, they are illustrative of structure and method and are not a forecast of your results.

6. Fees and payment

• Fees, the fee model and the billing cycle are set out in the service agreement.
• Invoices are issued monthly and payable within the period stated in the service agreement.
• Advertising spend, Amazon selling and fulfilment fees, and third-party production and licence costs are payable by you directly to the relevant provider unless expressly agreed otherwise.
• Work outside the agreed scope is quoted and approved in writing before it begins.
• We may charge interest on overdue amounts at the rate permitted by applicable law.

7. Term and termination

• Engagements run for an initial term stated in the service agreement, then continue monthly until ended.
• Either party may end the engagement by giving the notice period stated in the agreement.
• Either party may end the engagement immediately for material breach that is not remedied within thirty days of written notice, or on insolvency.
• On termination we will hand over deliverables and documentation, and you will remove our user access. Fees for work performed up to the termination date remain payable.

8. Intellectual property

Work product created specifically for you under an engagement — listing copy, keyword research, images, video, A+ content, storefront design, campaign structures, reports and documentation — belongs to you on payment of the fees due for it. We retain ownership of our own pre-existing methods, templates, internal tooling and know-how, and of anything not created specifically for you. Nothing in an engagement transfers rights in your trade marks or brand assets to us, or ours to you.

9. Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of the engagement, and disclose it only to people who need it and are under equivalent obligations. This survives termination.

10. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited. Subject to that, neither party is liable for indirect or consequential loss, and our total liability arising out of or in connection with an engagement is limited to the total fees paid by you to us in the twelve months preceding the event giving rise to the claim.

11. Non-affiliation

Brand Hamlet is an independent service provider. We are not affiliated with, endorsed by, sponsored by, or an agent of Amazon.com, Inc. or any of its affiliates. Amazon, Seller Central, Vendor Central, Fulfilment by Amazon, A+ Content, Brand Registry and related names are trade marks of Amazon.com, Inc. or its affiliates, used here only to describe the services we perform.

12. Website use

The content of this website is provided for information. It does not constitute legal, tax or financial advice, and it is not an offer capable of acceptance. We may change the site at any time. Content on this site is our copyright and may not be reproduced without permission.

13. Governing law

These terms and any engagement are governed by the laws of India, and the courts at Mumbai have exclusive jurisdiction, unless the service agreement provides otherwise.

14. Contact

Utsav Ramanik Gudhaka, sole proprietor, trading as Brand Hamlet
Shobha Suman, Mulund West, Mumbai 400080, India
utsav@brandhamlet.com
+91-8356910043