Terns & Conditions
The following standard Terms and Conditions are for Project work provided by Our IT Department.
This following sets out the terms and conditions on which you may use the content on website, mobile browser site, Applications and other digital publishing services owned by (Orinova Innovation Technology Pvt Ltd), all the services herein will be referred to as Business Standard Content Services.
2. Disclaimer of Warranties
The Company does not offer any warranty as to the accuracy, content, completeness, legality, reliability or operability or availability of information or material made available to and/or by Users. Nor does the Company offer any warranty as to the correct communication, presentation or display of the information made available to and/or by Users.
The Company excludes, in so far as it is allowed by law to do so, any warranty whatsoever related to the Services and in particular it does not offer any warranty as to fitness for a particular purpose and non-infringement of proprietary rights, including intellectual property rights.
Nor does the Company provide any warranties as to the integrity and correctness of the information present on its Website and as to the services advertised on the Website or advertised and/or made available through sites linked thereto.
In particular, with respect to any immovable property that may be advertised on the Website, the Company disclaims any responsibility as to its peaceful possession, title thereto, structural integrity, general conditions and surroundings, and any other condition that may attract liability.
The Company further disclaims any responsibility for any damages whatsoever which may be incurred by any User when making use of the Services. The Company disclaims responsibility for any improper use of Users’ Personal Data.
3. Intellectual Property Rights
Customer shall own all right, title and interest in and to the Deliverables. The rights, title and interest in and to the Deliverables shall be granted to the Customer only upon receipt of full payment by the Consultant. To the extent that the Deliverables incorporates Consultant pre-existing intellectual property (“Consultant Pre-existing IP”), and such Consultant Pre-Existing IP are necessarily required for the proper functioning of the Deliverables Consultant grants to Customer a perpetual, non-exclusive, worldwide, transferable, royalty-free license to use such Consultant Pre-Existing IP solely along with the Deliverables.
Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
5. Limitation of Liability
The total liability of the parties under this Agreement (whether in contract, tort (including negligence)) shall not exceed the fees paid to Consultant hereunder. The parties disclaim any indirect, special, consequential or incidental damages or loss of revenue or business profits, however caused, even if advised of the possibility of such damages. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
6. Termination and Consequences
- In the event of this agreement being terminated whether by effluxion of time, notice, breach or otherwise and without prejudice to any other remedy available to the Company the Client shall immediately pay to the Company:
- any sums due under the terms of this agreement, and
- in the event of termination by reason of sub-clauses 8.1, 8.3, 8.4 or 8.5, any further sums which would but for the termination of this agreement have fallen due by the end of the Company’s engagement less a discount for any accelerated payment at the rate of 5% per annum.
7. Recruitment of the Company’s Staff
- The Client undertakes that it (including for this purpose any subsidiary or associated organization) or any person connected with it will not directly or indirectly recruit as an employee or engage as an independent contractor any person employed or so engaged by the Company in connection with the services provided hereunder for a period of twelve months after such person last provided services to the Client.
- If the Client is in breach of condition 10.1, the Client, recognizing that the Company will suffer substantial damage, will pay to the Company by way of liquidated damages (and not as penalty) a sum equal to the annual salary for the immediately preceding 12 months of the person concerned or such sum on a pro rata basis where the person concerned was employed by the Company or was undertaking services for the company for less than the preceding 12 months.
8. Indemnity and Release
Users shall indemnify the Company and its parents, subsidiaries, affiliated companies, officers and employees and hold them harmless from any and all claims and expenses, including legal fees arising from your use of the Services.
Users shall release the Company and its parents, subsidiaries, affiliated companies, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever.
9. Governing Law
Where no amicable settlement is reached within sixty (60) days, the disagreement, issue or dispute shall be referred to arbitration in terms of the Arbitration. The sixty days shall start to run from when either the Company or the User shall formally notify the other party in writing of the existence of a disagreement, issue or dispute.