Terms and Conditions
Effective Date: October 1st, 2016
- This website shall be not be viewed as providing legal advice to any person and or entity. No Attorney cliient relationship shall exist until such is confirmed by our Company.
- Scope of Service – Our scope of services will be strictly limited to the services agreed in the Engagement letter between the Company and the Client. Any changes in the scope of services, after the commencement of the services, must also be agreed upon by both the Company and you in writing and may incur additional fees. In the event of you requiring services beyond the Engagement letter, you need to enter into a separate engagement with the Company. Our acceptance of a particular engagement with you, in no way obliges us to accept other engagements with you.
- Your Obligations – You are required to provide us with accurate and timely information which will help us to provide the services in an effective manner. If you are a business, we rely on the information provided to us by your representatives including employees or contractors. It is your sole responsibility to ensure the authenticity of the information provided by you or your representatives to us. We shall not be liable for any loss or damages resulting from misrepresentation of any information. Failure to fulfil your obligations of providing valid information can be a ground for suspension or termination of our services.
- Independent Contractor – We provide the services to you as an independent contractor and have the sole discretion of deciding the details and mode of performing the services. Any Service Agreement between you and the Company does not result into a partnership, joint venture and employment contract.
- Confidentiality – We strive to maintain the confidentiality of all the information you provide to us. We reserve the right to disclose your confidential information to employees and contractors, which is necessary in the course of providing services. You agree and accept to not disclose or attempt to use or personally benefit from any confidential information defined below. Confidential Information includes – i) information about all the financial transactions entered by you or your business, ii) information in your tax return filings, iii) any other information marked as “confidential” by you or your business at the time of disclosure. Certain information is not considered as confidential information if i) information is required to be disclosed by law, ii) information becomes publicly available without breach of any obligations under this section and iii) information received by us post the termination of the Engagement letter.
- Disclaimer of Warranty – We warrant that our services will be performed in a professional manner. THIS WARRANTY IS OUR ONLY WARRANTY CONCERNING OUR SERVICES, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED.
- Intellectual Property Rights – All the deliverables (Work Product) enumerated in the Engagement letter will be delivered to you by us. The Work Product is our property and we retain all the intellectual property rights relating to the Work Product. We may at our sole discretion grant you a limited, non-exclusive and revocable license to the Work Product.
- Limitation of Liability – In no event will our aggregate liability for claims, whether in contract, in tort, at law, or in equity, arising out of or relating to our failure to meet our obligations under the Engagement Letter or these Terms exceed the amount of our fees actually paid to us under the Engagement Letter. In no event will we be liable for loss of profits or any consequential, indirect, special, exemplary, or punitive damages.
- Indemnification – Each party will indemnify the other for any loss, liability, or obligation arising out of or relating to a failure to fulfill its obligations under the Engagement Letter or these Terms.
- Payment Terms – We will provide you invoices detailing our fees and expenses and you are required to do the payment upon the receipt of the invoice. If you wish to dispute the invoice, you need to inform us within 15 days of your receipt of the invoice. Any payment not received within thirty (30) days of the invoice date, will accrue interest at a rate of five percent (5%) per month (compounded monthly), or the highest rate allowed by applicable law.
- Force Majeure – We will not be responsible for the failure to perform or any delay in performance of any obligation due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond our reasonable control.
- Suspension of Services – In the event of non-payment of the invoice, we may suspend the performance of services till you have paid in full.
- Termination – You may terminate the Engagement letter by giving us a prior notice of 30 days. We may terminate the Engagement letter because of a material breach or with your consent. Incase you decide to terminate the engagement, you will be liable to clear all our fees for the work already performed.
- Survival – The Terms that expressly or by their nature contemplate performance after the Engagement letter terminates or expires will survive and continue in full force and effect.
- Amendments – Neither these Terms or the Engagement letter may be amended without the mutual consent of the Company and the Client.
- Assignment – Neither the Company nor the Client may assign these Terms or the terms of Engagement letter to any other party without mutual consent.
- Governing law – These Terms are governed by the Law in force in U.S. without regard to any conflicts of law provisions. The arbitration will be conducted in the English language, in accordance with US Law.
- Contacting Us – In case you have any questions or need assistance, please contact us at email@example.com