Terms and Condition-R

PAYMENT TERMS:

  • Payment should be 10% advance and rest based on milestone basis 5 Milestone (before launching on live server)  from taking order whichever comes first. GST @ 18% to be charged extra as per government law.
  • DURATION: We require around 60 days from the date of approval to complete the project as per cooperation from the client providing data.
  • PROJECT MEETINGS, DATA COLLECTION, TRAINING: Project meetings up to 2 times within Vadodara. Additional charges may apply for more consultation or training sessions.
  • ADDITIONAL EXPENSES: Out-of-pocket expenses relating to work except above scope, image licensing fees, travel, food,accommodation, domain, hosting, content writing, emails, SSL, payment gateway, third party purchases, if any, are not included in the above costs.
  • DATA ENTRY: Data entry charges will be extra as per negotiation. Auto -upload features will be given to upload vendors, customers, products, services, etc.
  • CHANGE OF SPECIFICATION: Any change in technical specification, as the case may be, might attract Price Revision & also revision in delivery schedule.
  • DELIVERY COMMITMENT: The delivery of the project will be affected within as per Acceptance Letter. Further, the delivery period is specified in good faith. Every endeavor will be made to execute the work within that period.
  •  In any case if delays happen we will not be responsible for any consequential damages.
  • VALIDITY: Our offer shall remain valid for your acceptance up to 15 days after which it will be subject to our written confirmation.
  • NO-HIRE: Client understands that company has gone to considerable time and expense in training, orienting, and equipping its consultants/employees with the knowledge and experience to perform their duties. This is expressly to be considered proprietary and confidential , relating to the methods and manner in which company does business, including but not limited to teaching techniques, processes, company policy and procedure, data, know-how, marketing plans, business plans, strategies, forecasts, financial information, projection, customer and supplier information and identities, materials, reports, specifications, and all other tangible and/or intangible materials relating to the manner in which a company does business.
Therefore, client shall not hire any of our employees within three years of span on a full-time or part-time basis or as a consultant after getting proposal from us, and/or signing contract/agreement with is and/or getting PO from Client and/or getting invoice from us and/or getting payment from client. If client does so, company will take legal action against client and client agrees to pay considerable amount of loss which company faced due to hiring of our employees.

  • OWNERSHIP: This is a single license product.
  • FORCE MAJEURE: The Parties' obligations under this Agreement are subject to, and neither Party shall be liable for delays, failures to perform, damages, losses or destruction, or malfunction of any program or any consequence thereof caused or occasioned by, or due to, fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, act or omission of third Parties. Each Party however shall use reasonable efforts under the circumstances to avoid or remove such
causes for non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.

  • CONSEQUENTIAL DAMAGES: Not with standing anything contained in any related document, our liability does not extend to consequential damages either direct or indirect or ex replacements or otherwise paid or incurred without our authority. We accept no liability for defects or depreciation caused by damage due misuse or other abnormal conditions directly to circumstances beyond our control. There shall be no liability for either party towards the other party for loss of production, loss of profit, loss of use, loss of contracts or for any indirect loss whatsoever.

  • TERMINATION : Neither party shall have the right to terminate this agreement for any cause except for the open and notorious breach of contract by the other party. Both parties agree to fulfill the entirety of their duties herein with due diligence and ethical business practices. In the unfortunate event that either party breaches the contract, the other party may move to terminate the agreement after giving full notice of intent to the breaching party allowing the breaching party to resolve and compensate for their breach. Upon sixty days after the notice given and the breach not corrected, the non-breaching party can terminate the contract without penalty and shall proceed for recovery of amount.

  • NOTICES: Any notice required to be given pursuant to the terms of this agreement shall be in writing and shall be hand-delivered or sent by certified mail to the party to receive such notice at the address listed. Either party to this Agreement may change the address to which notice is to be submitted.
  • LIMITATION OF LIABILITY : Not with standing anything contained in any related document, our maximum aggregate limit of liability whether under and/or in connection with performance or non-performance thereof or as a result of any fundamental breach of Contract, warranty including termination of this Contract by you exceed the Contract Price.
  • JURISDICTION: This offer is subject to the jurisdiction of Vadodara.
  • ARBITRATION : Any dispute or difference, whatsoever arising out of or related to subject offer/tender, the contact in the event of order or the breach thereof arbitration in accordance with the rules of arbitration of the INDIAN COUNCIL OF THE ARBITRATION and the award made in pursuance thereof shall side.
We welcome your comments and questions and look forward to a long lasting mutually beneficial relationship.

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