Client shall execute a written approval (including email) upon completion of each of the deliverable identified in the system specifications. Aadhaaratm shall rely on such written approval as client's acceptance of such deliverable, including, but not limited to, acceptance of its design, content, layout, color, format, navigation, and functionality. Any modifications in the deliverable(s) after execution of the written approval by client shall be subject to additional billing based on the rates offered by Aadhaaratm
Client recognizes that the any project under consideration is an
iterative process and based on client's approval, hence the timelines of
delivery are not solely in the hands of Aadhaaratm. Client shall agree
to perform each and every task assigned to him/her as set forth in this
agreement and the related System Specifications, and to provide all
assistance and cooperation to Aadhaaratm in order to complete the
website/SEO/web application/mobile application Project timely and
efficiently. The client undertakes to provide approvals and feedback
within 3 working days of receiving project modules, pages, designs,
content, and key-phrases list for SEO, applications' access and other
related information from the Aadhaaratm in written email form.
Aadhaaratm shall not be deemed in breach of this Agreement, the System
Specifications or any milestone.
In the event Aadhaaratm fails to meet its time schedules, this delay is
caused by client's failure to meet (or delay in) their responsibilities
and time schedules set forth in the System Specifications or this
Agreement. Client shall bear the expenses for making any changes or
additions to client's current systems, software and hardware that may be
required to support operation of the Website. Unless otherwise agreed
with Aadhaaratm or reflected in a Change Order, client shall be
responsible for initially populating and then maintaining any databases
on the Website as well as providing all content for the Website.
Client hereby grants Aadhaaratm the right to use the name and service marks of client in its marketing materials, which shall include naming client as a client of Aadhaaratm and a brief scope of services provided. In addition, Client hereby grants Aadhaaratm the right to display its logo (or other identifying information) and hyperlinks to Aadhaaratm Website (currently "www.aadhaaratm.live") on the home page/sub-pages of the Website. Aadhaaratm would however restrict the size (font and logo) of such hyperlinks to the bare minimum to only facilitate basic visibility. Either party may elect to issue a press release related to this Agreement.
Client agrees to pay the total amount of money as per the latest proposal sent by Aadhaaratm to the client for development of the Website Development/SEO/web application development/mobile application development/ Web Hosting /Domain Registration. Applicable taxes would be levied additionally unless specified in the latest proposal to the client. The advance or any milestone payment paid to Aadhaaratm by the client shall not be refundable even if the client refuses to continue with this agreement at any stage.
The advances paid and milestone/stage completion based payments are non-refundable in any circumstances. All invoices shall be paid by client within seven (7) days of receipt of the invoice. Payments not made within such time period shall be subject to late charges equal to the lesser of (i) one and a half percent (2%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. The client agrees that even in case the client has made timely payments for domain, email and web hosting services but has defaulted in making payments for "any other development work', Aadhaaratm would be entitled to suspend all services including domain, email and web hosting services after seven (7) days written notice until the amounts outstanding are paid in full.
Except as otherwise set forth in this section, client and Aadhaaratm
agree that upon full payment of the fees associated with the development
of the Website/SEO service completion/Project Delivery, client shall be
assigned all worldwide rights, titles and interests in and to the
Website (including, its source code, custom programming and
documentation). Client and Aadhaaratm agree that Aadhaaratm shall retain
a world-wide, royalty-free, non-exclusive, transferable, and perpetual
copyright and license to the Custom Programming. Client shall be
responsible for researching, obtaining, and filing all trademarks,
copyright, patent, or other intellectual property protections for the
Website/Project, its look and feel, any logos, any "tag lines" or any
other Website/Project content or documentation.
Client and Aadhaaratm also agree that the design and development of
client's website may include source code, documentation, and/or
application programs that were previously written or developed by
Aadhaaratm and modified to meet client's specific requirements. Rights
to photos, graphics, source code, work-up files and computer programs
are specifically not transferred to the client and remain the property
of their respective owners. Aadhaaratm will not be responsible for any
action taken by the users of the client's website based on the
information provided on the website. All the content, text, images,
graphics, data (the "material") provided by the client for use in the
website shall be the sole responsibility of the client and the client
will ensure all legal sanctions, intellectual property permissions and
other safeguards for the use of such material. Aadhaaratm will not be
held responsible for the use of such material or any related copyright
violation and the client shall keep Aadhaaratm indemnified at all times.
This Agreement shall be effective from the date of accepting of this Agreement and shall continue in effect until complete payment of the Development Price or until earlier terminated as provided in this Agreement or until the contracted services have been completed.
This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. Client shall pay Aadhaaratm for all services rendered and work performed up to the effective date of termination for any reason.
Renewal charges will be 35% of total project cost after one year. Not having renewal on time leads to loss of data and software... No responsibility from company ends.
Aadhaaratm shall not be liable for failures caused by third party hardware or software (including client's own systems), misuse of the Website, malicious hacking, or the negligence or wilful misconduct of client.
Except as set forth in this Agreement, the Website/Project is provided on an "as is" and "as available" basis, and Aadhaaratm expressly disclaims all other warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
In no event shall either party be liable to the other or any third party, for any incidental consequential damages arising out of or connected in any way with this Agreement or the Website/project or domain registration or web hosting, for any claim by any third party. The total liability for all damages, losses and causes of action (whether in contract, tort, including negligence, or otherwise) to the other shall not exceed the development price (total fees being charged by Aadhaaratm as per the latest proposal submitted by Aadhaaratm) of the Website/SEO/Project or Web Hosting or Domain Registration. This limitation of liability shall apply even if the express warranties set forth above fail in their essential purpose.
Aadhaaratm commits no warranty of any kind, whether express or implied, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.
he Site may contain links to other web Sites or resources. You acknowledge and agree that Aadhaaratm is not responsible or liable for (I) the availability or accuracy of such Sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk.
Client shall indemnify and hold Aadhaaratm (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) harmless from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by Aadhaaratm under all circumstances as a result of any claim, judgment, or adjudication against Aadhaaratm related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips/files, text, data, pictures, images, logos, signs, trademarks, figures, opinions, messages or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by client to Aadhaaratm (the "Client Content"), or (b) a claim that Aadhaaratm ' use of the client content infringes the Intellectual Property rights of a third party.
Aadhaaratm shall indemnify and hold client (and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees) harmless from any and all claims, damages, liabilities,
costs, and expenses (including, but not limited to, reasonable
attorneys' fees and all related costs and expenses) incurred by client
as a result of any claim, judgment, or adjudication against client
arising from a claim that client's use of the Aadhaaratm custom
programming, as permitted under this Agreement, infringes Intellectual
Property rights of a third party. Aadhaaratm Shall Have No Obligation to
Indentify Client under This Section to the Extent the Infringement
Arises From
• Client Content,
• Specifications provided by client or its agents,
• Derivative works of the Website/Project created by client
• Use of the Website in combination with non- Aadhaaratm approved third
party products, including hardware and software,
• Modifications or maintenance of the Website by a party other than
Aadhaaratm. Misuse of the Website, and
• Failure of client to implement any improvement or updates to the
Website, if the infringement claim would have been avoided by the use of
the improvement or updates.
User agrees that neither Company nor its group companies, directors,
officers or employee shall be liable for any director/and indirect
or/and incidental or/and special or/and consequential or/and exemplary
damages, resulting from the use or/and the inability to use the service
or/and for cost of procurement of substitute goods or/and services or
resulting from any goods or/and data or/and information or/and services
purchased or/and obtained or/and messages received or/and transactions
entered into through or/and from the service or/and resulting from
unauthorized access to or/and alteration of user's transmissions or/and
data or/and arising from any other matter relating to the service,
including but not limited to, damages for loss of profits or/and use
or/and data or other intangible, even if Company has been advised of the
possibility of such damages. User further agrees that Company shall not
be liable for any damages arising from interruption, suspension or
termination of service, including but not limited to director/and
indirect or/and incidental or/and special consequential or/and exemplary
damages, whether such interruption or/and suspension or/and termination
was justified or not, negligent or intentional, inadvertent or
advertent.
User agrees that Company shall not be responsible or liable to user, or
anyone, for the statements or conduct of any third party of the service.
In sum, in no event shall Company's total liability to the User for all
damages or/and losses or/and causes of action exceed the amount paid by
the User to Company, if any, that is related to the cause of action.
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
Client and Aadhaaratm agree that Aadhaaratm shall perform its duties under this Agreement as an independent contractor.
This Agreement and all exhibits and schedules set forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements (Other than Non-Disclosure Agreements signed directly with the client), representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. In case of Client seeking additional services from Aadhaaratm, this Agreement would stand valid unless a new agreement is signed on.
• In the event that a court finds any provision of this Agreement invalid and/or unenforceable, the parties agree that the remaining provisions shall remain valid and in force.
This Agreement constitutes the entire agreement between you and Aadhaaratm with respect to the Site and to your purchase of Aadhaaratm products and services offered through this Site, if applicable, including the Subscription-Based Services, and supersedes all prior agreements between you and aadhaaratm. Failure by Aadhaaratm to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
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