Terms and Conditions
LIABILITY
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The parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, the Service Provider can make no guarantee on the results that may be provided as a result of its work. Service Provider represents that in good faith it shall make every and all effort to ensure that the Company’s promotion on digital platforms is successful and leads are generated as a result of the Service Provider’s efforts.
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Service Provider does not warrant that the functions supplied by its work, web pages, digital marketing, consultation, advice, or work will meet the Company’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free. The entire risk as to the quality and performance of the work and deliverables is with Company.
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In no event, will Service Provider be liable to the Company or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services or website(s), even if Service Provider has been advised of the possibility of such damages, unless it is evidently shown that the Service Provider has failed to take reasonable care to prevent such loss/damage(s) caused to the Company.
INTELLECTUAL PROPERTY
For the purpose of this Agreement and the relationship between the Parties, intellectual property rights shall include but not be limited to any data, patent, concept, materials, invention, copyrights, domain names and database rights used by the Developer in the development of the Company’s Website. The Company shall remain the owner of all the intellectual property rights which shall be shared with the Service Provider for the purposes of meeting the purposes of the present Agreement.
COMPLIANCE WITH APPLICABLE LAWS:
Each Party shall be responsible for complying with all government laws and regulations, including registration and reporting requirements, as may apply to each party relating to the work done by Service Provider and shall cooperate with each other to ensure complete and timely compliance.
JURISDICTION:
Any dispute arising on account of these rules shall be subject to the jurisdiction of the appropriate Court/Forum in Delhi/New Delhi.
DISPUTE RESOLUTION:
In the event of any dispute regarding the interpretation of clauses of this agreement or any claim etc. arising out of this agreement, the matter shall be referred to the Sole Arbitrator to be mutually appointed by the Company and the Service Provider. The decision of the arbitrator shall be final & binding on both parties.. The venue of Arbitration shall be Delhi/New Delhi only.