This Terms of Service (TOS) establishes the fundamental terms and conditions that will govern the business relationship between Brickwork India Private Limited (hereinafter "Brickwork"), and the Customer, for the services provided by Brickwork. This TOS constitutes a binding agreement (the "Agreement") between the Customer and Brickwork effective as of the date of first purchase of services by the Customer, and any violation of this agreement shall be considered as unlawful and a breach of contract.
By affirmatively accepting the terms and conditions at the time of purchase, the Customer is legally bound, and accepts and agrees to the following:
Brickwork shall perform the Business support services purchased by the Customer with reasonable care and in the manner customarily performed by service providers in the Virtual Assistant industry. Brickwork will draw up a detailed ‘Work Order’ including the scope of services, the delivery timelines and payment terms which will be specific to the customised requirements of the Customer and will require the electronic agreement by the Customer. Services will be rendered only after the Customer agrees to the Work Order and completes the payment as per the schedule given.
The assigned Brickwork Virtual Assistant (“VA”) shall perform services under the Customer’s direction, in accordance with the scope and terms defined in the executed work orders. If Customer require the VA to make decisions on their behalf about the way in which any work/ actions/ tasks/ strategies or other business-related functions to be performed, Customer can do so on the basis that the Brickwork VA will be is acting on their behalf and under their supervision, although Brickwork has its own quality and supervisory personnel to monitor the VA.
Although Brickwork has kept in reasonable procedures to protect Customer data, it is the Customer’s responsibility to ensure the security of any credentials they share with their Brickwork VA to perform the services. This could include implementing controls like role-based access restriction, limiting the information visibility, access duration etc.
Customer should not use Brickwork’s VA to support in any illegal or immoral activity, including allowing unauthorised persons access to use Brickwork VA’s services.
If the Customer recommends the Brickwork VA to use any content or images from paid/copyrights sources, they should purchase such content/images before the VA use them to provide the required service. The Customer must ensure that all appropriate permissions to use such content or images have been obtained and there are no violations of copyright laws.
To provide services, the Customer may provide Brickwork with information and access to content, images and licensed software and equipment. Brickwork warrants that all Customer property will be used exclusively in connection with the performance of the Services under this TOS and not for any other purpose.
It is Customer’s responsibility to inform Brickwork if any information shared during the project to be treated as confidential and how to handle such information. Brickwork will take reasonable steps to ensure that the Brickwork VA adheres to Customer’s instruction.
Brickwork provides services to the Customer as per the instructions received and it is the responsibility of the Customer to collect necessary consent from the individuals whose information is disclosed to Brickwork. Under no circumstances shall Brickwork be liable for any breach arising due to the failure of obtaining consents from such other people, including third parties, as per the guidelines set in the applicable legislations include, but not limited to GDPR, CCPA or any other applicable legislations.
Brickwork shall allocate resources to the Customer in accordance with the skills and capabilities required under the agreed Scope of Work. For Subscription engagement, Brickwork shall designate a Backup Virtual Assistant (“Backup VA”) to ensure continuity of services. The Backup VA shall be trained by the Primary Virtual Assistant (“Primary VA”), and the Customer agrees to provide reasonable cooperation and assistance, as may be required, to facilitate such training.
Brickwork reserves the right, at its sole discretion and as part of its business continuity plan, to replace, reassign, or otherwise substitute any allocated resource from time to time to ensure uninterrupted delivery of services.
The Customer shall communicate with Brickwork’s employees exclusively through their official Brickwork email addresses or other authorized communication channels designated by Brickwork. The Customer shall not provide personal references, endorsements, or testimonials to any Brickwork employee through their personal email, social media, or any other public platform, whether in a personal or professional capacity.
This TOS shall be effective from the date of Customer’s acceptance and shall continue until the completion or expiry of the Customer’s last work order with Brickwork, or until this TOS is terminated by either party, whichever occurs early, as specified below:
The Customer can terminate the engagement before the end of the engagement, if they are not satisfied with Brickwork’s services or for any other business reason. All subscription engagements can be terminated with 30 days prior notice. Refer to clause 5 for service warranty and clause 6 for refund policy.
Brickwork reserves the right to terminate the engagement without notice, under the following two conditions:
The Customer shall pay the project fees as per the schedule and payment terms agreed in the 'Work Order'. For any payment delays beyond 3 business days from the scheduled dates, Brickwork retains the right to withhold any further deliverables including the release of any source codes or IP resulting from Brickwork's activities under this TOS, until the pending payment is made.
Brickwork is responsible for the quality of the work it delivers and commits to making all reasonable efforts to deliver quality deliverables, on a 'best-effort' basis only, unless the inability to deliver as agreed is attributable to reasons beyond Brickwork's control. All information provided is based on freely available online information and there is no warranty on any of the information, tasks, or projects delivered to the Customer.
In the event of deficiency in service, Brickwork will make all reasonable efforts to rectify the deficiency including rework the deliverables or changing the VA. If these solutions do not meet Customer’s expectations, Brickwork will refund the unutilized hours or give the option to Customer to use the unutilised hours towards any other support offered by Brickwork, under the following situations:
No refunds will be made when the customer complaints result from the following scenarios:
Brickwork will send out feedback surveys on a regular basis to track Customer experience and to improve the quality of services.
Brickwork acknowledges that all work performed under this TOS shall be deemed as "works-made-for-hire" and the authorship shall belong exclusively to the Customer. Except as provided otherwise in this TOS, each party retains sole and exclusive ownership of all data, results, ideas, discoveries, inventions, reports and works of authorship, whether or not patentable or subject to copyright, which may be made, written, conceived or reduced to practice by them or any third-party, and any derivative works of such intellectual property created after the effective date; provided that such derivative work (a) does not arise from the confidential information of the other party; and/or (b) is not created specifically for the other party.
However, any pre-existing confidential information belonging to Brickwork, included in any deliverable, shall remain the exclusive property of Brickwork, to the extent that Brickwork incorporates any of its own information into the deliverables. Brickwork hereby grants to Customer, royalty-free, non-exclusive, non-transferable license to make, use, sell, copy, distribute, display, perform, transmit, such Brickwork information in connection with the deliverables, unless informed otherwise.
Brickwork has invested substantially in the recruitment, training, and deployment of skilled personnel to meet its customers’ needs and is entitled to a fair return on such investments.
Accordingly, to the fullest extent permitted under applicable law, the Customer and their representatives agrees that they shall not, directly or indirectly, for themselves or on behalf of any other person / partnership / company, or other entity, influence, encourage, or solicit any Brickwork employee for direct employment; engage them as a freelancer or consultant; utilize their services; or otherwise induce them to perform services or to terminate or reduce their employment or contractual relationship with Brickwork during the term specified below:
This clause applies to customers, whether they solicit in an individual capacity or on behalf of, or in association with, any other person/partnership/company/entity, and regardless of the geographic location of the engagement.
If any solicitation made by the Customer results in a Brickwork employee leaving their employment and accepting to work with the Customer or their representatives/subsidiary/affiliate, thus violating this clause, the Customer agrees to compensate Brickwork for its lost investments. The compensation will be a one-time fee equivalent to one year’s full-time billing for the VA, ranging from a minimum of USD 25,000 to a maximum of USD 50,000, to be paid within 10 days of notice from Brickwork.
Note: For the purpose of this Agreement, the term “employee” shall include all professionals engaged by Brickwork whether as full-time or part-time to provide service to the Customer.
This section 9 will survive the termination of the Term of this Agreement.
The Customer shall promptly notify Brickwork in writing if any Brickwork employee, or representative, solicits, requests, or demands any bribe, kickbacks, or other form of improper payment. Any agreement, or attempted agreement, between the parties that requires, or appears to require, payment to be made outside the agreed payment methods and channels shall constitute a material breach of this Agreement. Such breach shall entitle Brickwork to terminate this Agreement immediately without refund or further obligation, in addition to pursuing any remedies available under applicable law.
"Confidential Information" means any non-public information that relates to the actual or anticipated business (including third party information) and or products, service, research and development, personal information which (i) is subject to privacy rules and regulations and/or derives economic value, actual or potential, from not being generally known to or readily ascertainable by other persons who can obtain economic value from the disclosure or use of the information, (ii) is the subject of efforts that are reasonable under the circumstances to maintain the secrecy of the information, and (iii) is identified by the Customer as "confidential" and/or "proprietary", or which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary under this TOS disclosed by both parties either directly or indirectly, in writing, orally or by drawings or inspection of premises, parts, equipment, or other property of parties, its affiliates or subsidiaries.
Notwithstanding the foregoing, confidential information shall not include any information which, (i) was known or subsequently becomes generally known or available by publication, commercial use or otherwise, after disclosure to Brickwork through no wrongful action of Brickwork, (ii) was known by Brickwork as a non-confidential information prior or at the time of disclosure, or (iii) is lawfully obtained by Brickwork without violation of a confidentiality obligation of this TOS (iv) is independently developed by Brickwork without any use of and/or access to the Customer's information or (v) was in the rightful possession of Brickwork, without confidentiality obligations, at the time of disclosure as shown by Brickwork's then-contemporaneous written records (vi) information not marked as confidential by the Customer (vii) information Brickwork required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Brickwork's rights or property, or the rights or property of its employees or our other Customers. Brickwork will promptly notify the customer of any such request from the concerned authorities.
During the TOS and for a period of 5 years after the expiration of TOS, both the parties, Brickwork, and the Customer, will hold in strict confidence, and shall use the same degree of care and reasonable precautions to protect the confidentiality and to prevent any unauthorized use or disclosure of confidential information, as they would for their own confidential information.
Brickwork will not use the confidential information for any purpose whatsoever other than as necessary for the performance of the Services. Brickwork may disclose the confidential information to a third party with prior written consent of the Customer, on a need-to-know basis for the purposes of performing the services.
Brickwork complies with and will continue to comply with all applicable laws relating to the provision of the services with consideration of privacy and security of personal data including, but not limited to ISO 27001:2022 and applicable Data Protection & Privacy Regulations including, but not limited to GDPR, UK GDPR, DPDPA, CCPA etc. Please read about how Brickwork collects and uses Customers' personal information at https://www.brickworkindia.com/privacy-policy.
Brickwork shall take all reasonable steps to ensure the security and protection of all materials belonging to Customer that is in Brickwork's possession or control, including all deliverables, Customer confidential information and Customer’s property.
It is the Customer’s responsibility to inform Brickwork if any information shared during the project, is sensitive or confidential or has any Intellectual Property. Brickwork will adhere to Customer’s special instructions if any, on handling such information.
All IP related and sensitive information shared by the Customer (login credentials, source code) will be deleted within 10 days after the project closure as per Brickwork’s internal data retention policies, unless the Customer instructs otherwise. Brickwork strongly recommends changing all credentials that have been provided to Brickwork VAs as soon as it is no longer required for providing services to the Customer.
The Customer shall indemnify and hold Brickwork and its affiliates and subsidiaries and their respective directors, officers, employees, and representatives, harmless from and against any third-party claims, damages, losses, liabilities, causes of action or injuries, together with all costs and expenses, including penalties, interest levied, reasonable attorney’s fees and court costs, arising out of or resulting from:
Any negligence or wilful misconduct or any breach of this TOS by Customer, its employees, or representatives.
Any failure by Customer, its authorized users, employees or representatives to comply fully with the posted or published terms of Brickwork Privacy Statement (which may be updated by Brickwork from time-to-time) and TOS.
The infringement of a third-party copyright, trade secret, trademark, moral right, or other proprietary right caused by the unauthorized use of any licensed product or hardware by the customer.
The gross negligence or intentional misconduct of Customer, Customer Affiliate, or Customer’s employee, contractor, or any other personnel.
In no event shall Brickwork be liable for any indirect, incidental, special, or consequential losses and damages, or any punitive or exemplary damages arising out of or in any way connected with the services provided by Brickwork or arising from this TOS. Neither shall Brickwork be liable for any action taken or omitted by its employees/Brickwork assistant in pursuance of this Agreement in good faith, except for gross negligence, bad faith or wilful misconduct adjudicated by a court of competent jurisdiction. Brickwork’s obligation shall be restricted only to actual and direct losses and not to any indirect, special, or consequential losses.
In the event of a breach of this Agreement by Brickwork, Brickwork's aggregate, and cumulative liability for damages on all accounts resulting from this TOS hereunder shall in no event exceed the amount of fees received from the Customer for the service in the applicable “Work Order” during the three (3) month period immediately prior to the date in which those actual damages were incurred.
Neither party will use the other party’s name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this section shall not be unreasonably withheld or delayed by either party.
Brickwork is and will remain as an independent contractor in its relationship with Customer. Nothing in this TOS shall be deemed to have created a partnership, or joint venture or a contract of employment between Brickwork and the Customer.
If any other TOS or 'Work Order'(s) are necessary to enforce the intent of this document, both parties agree to execute such provisions as and when the need arises.
Brickwork will incur no liability to the Customer if its performance of any obligation under this TOS is prevented or delayed by causes beyond its control and without the fault / negligence of Brickwork. Such causes may include, but are not limited to, acts of God, war(whether or not declared), acts of terrorism, explosions, lockout, riot acts of governmental authorities such as changes in controlling law, regulations, orders or the requirements of any governmental entity, severe weather conditions, civil disorders, natural disasters, fire, pandemic and quarantines, and shutdowns, disruptions, or malfunctions or any of the general and widespread internet or telecommunications failures not limited to Brickwork’s systems.
Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of this Agreement shall remain in full force and effect and shall be construed in accordance with the modified provision.
This TOS shall be governed by and construed and enforced in accordance with the laws of India, excluding that body of law pertaining to conflict of law, and the parties hereto agree to submit to the exclusive jurisdiction of the courts of Bangalore for any disputes arising out of the subject matter.
Any disputes arising out of or in connection with the TOS shall be first attempted to be settled through discussion and negotiation between the heads of the respective organizations. If a settlement is not arrived at within thirty (30) days, the dispute shall be referred for Mediation, with both parties selecting a mutually acceptable mediating authority. Each party will bear their own cost of the mediation. The number of arbitrators shall be one. The place of arbitration shall be Bangalore, India. The language used in the proceedings shall be English. The arbitration award shall be binding on both parties.
This TOS constitutes the entire understanding and agreement between Customer and Brickwork, and supersedes and cancels all prior agreements, understandings, and representations in their entirety and are of no further force and effect.
The failure of a either party to insist upon strict adherence to any term of this TOS on any occasion shall not be considered a waiver nor shall it deprive such party of the right thereafter to insist upon strict adherence to that term or any term of this TOS. Any waiver must be in writing signed by the waiving party.
The terms and conditions in this TOS may be amended or modified as required without prior written notice.
Any notice or other communication required or permitted by this TOS shall be in writing and shall be deemed to have served on the other party (i) when delivered by courier service, or (ii) when sent by email (for Brickwork at escalation@brickworkindia.com) (iii) when transmitted by confirmed facsimile, or (iv) when mailed by registered or certified mail (return receipt requested), to the party at the address most recently specified by such notice or through email. If sent by mail, delivery shall be deemed effective 5 business days after mailing in accordance with this section.
Customers may, at their sole discretion, provide or give access to “Personal Information” (defined below), held or controlled by them or any of its affiliates solely and strictly to provide the services in accordance with the provisions of this Agreement.
Brickwork may “Process” (defined below) “Personal Information” (defined below) but not limited to the access, acquisition, collection, recording, organization, storage, alteration, retrieval, consultation, use, disclosure, combination, transfer, blocking, return or destruction of from or on behalf of Customer and/or its Affiliates.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and intending to be legally bound, the parties agree as follows:
For the purposes of this Annexure A, the following terms shall have the meanings given below:
“GDPR” means the EU General Data Protection Regulation (EU 2016/679).
“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
“CCPA” means the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, and any regulations promulgated thereunder.
“DPDPA” means the Digital Personal Data Protection Act, 2023, the legislation enacted by the Parliament of India
“Data Controller” means the natural or legal person which alone or jointly with others determines the purposes and means of the Processing of Personal Information.
“Data Processor” means an individual or legal entity that Processes Personal Information on behalf and under instructions of a Data Controller.
“Data Subject” means the identified or identifiable person whose Personal Information are Processed.
“Process or Processing” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
“Personal Information” means all information relating to an identified or identifiable natural or legal person which Customer makes available to Brickwork, or which Brickwork has access to and otherwise Processes for the purpose and during the provision of the Services under this Agreement. For the avoidance of doubt, personal information includes:
"Laws" means all national, state, regional and/or local laws, rules, regulations, security requirements and regulatory guidance applicable to either party’s performance under the Agreement.
"Event" means the unauthorized and/or unlawful Processing of Personal Information whether in electronic, hard copy or other form including but not limited to interference with information system operations; provided, however that trivial attempts to penetrate Brickwork’s networks or systems that occur on a daily basis, such as scans, and “pings,” will not be considered an Event.
"Transfer" means both (a) moving of Personal Information from one location or person to another, whether by physical or electronic means and (b) granting of access to Personal Information by one location or person to another, whether by physical or electronic means. Transferred, or Transferring" shall be construed accordingly.
For any Personal Information accessed or Processed by Brickwork under this Agreement:
Customers shall be the Data Controller and shall determine the scope, manner and purposes for which Personal Information shall be accessed and processed by Brickwork under this Agreement. Customer will remain responsible to the individual whose Personal Information is being accessed or processed and solely responsible for determining compliance with applicable Data Protection and Privacy Regulations. Brickwork shall process Personal Information only on behalf of Customers and in compliance with their instructions and in accordance with applicable laws in force. Brickwork shall not be held liable nor required to advise Customer regarding data privacy laws but shall warrant that it has no reason to believe that the privacy laws applicable to it prevents it from fulfilling the instructions received from Customer.
Brickwork shall be the Data Processor and shall limit its access to or use of Personal Information to that which is necessary to provide the Services and as directed by Customer.
Customer hereby appoints Brickwork as its data processor (within the meaning of GDPR Article No. 28 & 29) with respect to the personal data.
Customer shall be solely responsible for providing and obtaining any legally required notice and consent from the individuals (where required) with respect to personal information supplied by or on behalf of Customer for the Processing of Personal Information under this Agreement and for notifying any relevant data protection authority, where appropriate, of its Processing of Personal Information under this Agreement.
When Brickwork collects Personal Information from Data Subjects in connection with the provision of the services it shall provide notice and/or collect consent in the form set forth in the Agreement or in such other form as reasonably specified to Brickwork by Customer. Brickwork shall record and retain the written, electronic or verbal consent obtained from everyone for the period defined by the Customer. Brickwork shall provide such records to Customer upon request and upon the expiration or termination of the Agreement.
Brickwork shall only access and process personal information to perform the services as per instructions given to it by the customer and for no other purpose unless otherwise provided in the Agreement or authorized in advance in writing by the customer.
In the event that Brickwork is unclear as to its instructions in connection with the personal data, it shall revert to Customer seeking additional instructions.
Brickwork shall preserve the accuracy and integrity of Personal Information, and shall update, amend, correct or delete Personal Information that is inaccurate or incomplete at the request of Customer or the Data Subject.
Unless specifically authorized in the Agreement or applicable Work Order, Brickwork shall not Process, nor permit any Subcontractor (as defined in Section 7 (b)), to Process Personal Information across any national borders without Customer's prior written consent. In the event, Brickwork agrees to execute the standard contractual clauses for such transfer (meaning making the data accessible, including remotely to any other person or entity) if Customer determines that such an agreement is required. Brickwork shall be responsible for ensuring that any processing of Personal Information across national borders (whether performed by itself or a Subcontractor) complies with all applicable laws including but not limited to any cross-border data transfer requirements or prohibitions.
Where requested by Customers to do so, Brickwork shall, and shall compel its Subcontractors to, enter into additional data transfer or data processing agreements or contractual clauses (including where applicable to the European Commission approved standard clauses for international transfer of personal data or, where applicable, contractual clauses required by other countries for international transfers of personal data), in connection with any international transfers of Personal Information approved by Customer pursuant to Section 6(a).
In the event of Personal Information being transferred from the European Union or the European Economic Area to any sub-contractors (if applicable), Brickwork shall ensure that it (i) has made and will continue to make on an annual basis during the term of the Agreement, adequate and relevant certifications, and (ii) comply with such certifications. Brickwork further agrees to execute any similar agreements necessary in other jurisdictions for compliance with local law that serve the same purpose as the European standard contractual clauses.
Brickwork shall take all reasonable steps to ensure the reliability of its employees or other personnel having access to the Personal Information, including but not limited to the conducting of appropriate background and/or verification checks.
Brickwork will ensure that access to, and use of, the Personal Information is limited to those of its employees or personnel who require access to it to perform the Services and that such individuals:
Brickwork shall not engage any third parties or non-employees ("Subcontractors") to Process Personal Information unless Customer has expressly consented in writing in advance to the use of such Subcontractor(s).
Where Customer has provided such prior written consent, Brickwork shall:
Without limitation of any provision of this Annexure, the Parties agree to comply with all applicable laws governing the privacy and security of Personal Information that Brickwork shall create, acquire, access or receive as a result of this Agreement.
Brickwork shall maintain all Personal Information that Brickwork creates, receives, maintains, or transmits as a result of entering into or performing this Agreement, other than as expressly permitted or required by this Agreement in strict confidence.
Brickwork agrees to take appropriate security measures to protect Personal Information from (i) unauthorized or accidental destruction; (ii) theft, forgery, loss, or unlawful use; (iii) technical faults; (iv) unauthorized alteration, copying access; or (v) any other unauthorized Processing.
Brickwork shall notify Customer of any data security breach within 72 hours upon its discovery. Brickwork shall promptly make available to Customer the details of the data security breach. The Parties shall reasonably cooperate to remediate such data security breach and prevent any recurrence. Customer, at its sole discretion, after consultation with Brickwork, shall determine whether and when to notify any individuals or persons (including governmental authorities) regarding any data security breach affecting Personal Information. Brickwork, as determined in its sole discretion, shall comply with all applicable laws to which it is subject with regard to the data security breach.
As per Brickwork data retention policy, personal data shared are stored for 20 years or longer, if it is needed to provide our services in future. This includes data that Customer or others provided to Brickwork and data generated or inferred from use of our services and from publicly accessible sources. Even if the Customer use the services only for a shorter period, Brickwork retain Customer information and keep their account active until the Customer decide to close. In some cases, Brickwork chooses to retain certain information (e.g., project information) in a depersonalized or aggregated form. Customers can make a request to erase or delete all or some of their personal data if they decide not to engage Brickwork further or for future projects. Brickwork will ensure all such customers’ personal data is securely deleted when no longer needed.
Brickwork will, upon Customer’s request return promptly any or all documents, materials, or media that may contain Personal Information in accordance with any instructions communicated by Customer at its own expense, in a machine-readable format.
Brickwork will, upon direction by Customer shall destroy or purge any documents, materials, or media that may contain Personal Information in accordance with any instructions communicated by Customer and will procure the deletion of any personal data held by a sub-processor (if any). Such deletion or destruction shall take place within 10 business days from the date Customer issued the direction, and shall give written and signed certification confirming the destruction if so, requested by the Customer.
Brickwork shall promptly notify Customer about (a) any legally binding request for disclosure for Personal Information by a law enforcement authority unless otherwise prohibited and/or (b) any request received directly from a Data Subject in relation to Personal Information prior to responding to the Data Subject.
Brickwork shall comply with Customers’ instructions in responding to inquiries from a Data Subject relating to the Processing of its Personal Information.
Brickwork shall maintain all necessary documentation to evidence its compliance with this Annexure for a defined period after the expiration or termination of this Agreement, or for such longer period as otherwise may be required by applicable Laws, whichever occurs latest. Brickwork shall provide Customer with access to such documentation upon request.
Brickwork agrees that at the request of the Customer it shall permit access to its data processing facilities, Customer or its designee, including Governmental authorities, or third party auditors, the facility at which the Services are being performed and to the data and records maintained by Brickwork with respect to the Services for the purposes of (a) verifying compliance with the provisions of this Annexure A and any applicable data protection requirements; generally for which audit shall be carried out, with reasonable notice and during regular business hours and under a duty of confidentiality, by Customer and/or by a third party appointed by the customer.
Brickwork agree that the supervisory authority has the right to conduct an audit of the data processor, and of any sub-processor, who has the same scope and is subject to the same conditions as would apply to an audit of the data controller under the applicable data protection law and cooperate reasonably with Customer in connection with investigation of any event.
Brickwork shall promptly inform the Customer about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the Customer, or any sub-processor pursuant to Paragraph 1. In such a case, the Customer shall be entitled to suspend the transfer of data and/or terminate the contract.
This document is an electronic record in terms of the Information Technology Act, 2000, as amended by subsequent rules including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, and does not require any physical or digital signature unless specifically mandated by applicable law or regulation.
Last updated: 12th September 2025