Clients who have signed the appropriate Services Schedule ("Client") and referenced these terms and conditions agree to be bound by the following "Terms and Conditions" that govern KodersPoint's supply of consulting services.
"Services" under these terms and conditions are defined as any mutually agreed-upon services schedule, KodersPoint quotation ("Quote"), order form, statement of work, or other document implemented by the KodersPoint and Client about these terms and conditions (each, a "Services Schedule") that are provided under these terms and conditions. It is possible that KodersPoint products or services that the client has obtained rights to use under a separate deal, as well as strategic, design, advisory, or other consulting services for digital marketing, be included in the services. These Terms and Conditions apply to all Services Schedules. Individuals who sign off on a service agreement on behalf of a company must have the authority to do so.
The prices for services are charged in full upon receipt of an order and are payable Net 30 unless otherwise provided on the relevant Services Schedule. As long as the Services Schedule is in effect, there will be no increase in fees or charges for the Services unless both parties agree in writing. Except for taxes based on KodersPoint's income, the Client is responsible for all applicable federal, state, and local sales, use, or other taxes on the Services provided hereunder. The parties must agree in writing to any change in the time or cost of performance under the relevant Services Schedule before such modification may be implemented. If KodersPoint incurs travel expenditures, they will be paid for them. A $5,000 cancellation fee will be charged to the Client if the dates KodersPoint is scheduled to be onsite are changed or cancelled within fourteen (14) days of the scheduled date.
As soon as a customer sees our website or emails our contacts, they are talking electronically with our organisation. The customer has no choice but to receive our correspondence through electronic means. Email or announcements posted on our website will be the primary means of communication between our company and the customer. It is therefore agreed that all agreements, notifications of disclosure and pertinent communications are comparable to any formal expression in writing and are legally binding.
You've to give 20% in advance. If the company cancels your project, then the company will be responsible for refunding your money. If the client cancels his project during the third half completion of the project, then the client will have no right to the refunded money.We'll divide the project into phases the if order is higher than 2000$. We'll create different phases according to the time intervals, and the client has to clear the payment according to the phases of the project.
To guarantee your complete satisfaction, KodersPoint offers an unlimited number of free revisions in your account area, so you may make changes to your original design brief at any time. Your whole design order money will be reimbursed in the event of any processing mistake, failure to meet any of your particular design requirements, or inability to execute your design order as per the delivery policy.
KodersPoint offers a five-day timeframe in which customers may get a refund if they aren't happy with their design work. A refund request must be made within five days following the delivery of the first designs, and if no such request is made, it will be believed that you are pleased with the designs.
There are no changes to these terms or conditions after they affect the effective date mentioned in the Services Schedule. There must be a "Services Effective Date" and a "Services Completion Date" for each service, respectively. To terminate the Services Schedule, either party must send the other party written notice of termination within thirty (30) days after receipt of notice outlining the violation of the Services Schedule. In the event of a termination by the client due to a severe violation by KodersPoint, the client is only responsible for the services provided up to the date of the termination and is entitled to a pro-rata reimbursement of any prepaid costs for services that were not utilized.
A mutually agreed-upon timetable will provide services. When a service is not scheduled and provided within six (6) months of the requested date, it will be considered unused. KodersPoint service representatives or other authorized KodersPoint representatives will often execute services. However, the client acknowledges and accepts that KodersPoint may supply the Services via a third-party representative at its sole discretion.
As part of the Services, KodersPoint will need access to the client's data, materials, software, and hardware (the "Client Materials"). KodersPoint has been granted a restricted license to use the Client Materials only for the performance of the Services hereunder by the Client. KodersPoint is entitled to use Client Materials only if the Client has the relevant permissions. If onsite Services are necessary and agreed upon by the Client, the Client must give secure access to the Client's premises to KodersPoint. KodersPoint must adhere to the Client's reasonable written rules and regulations, provided that such written rules and regulations are submitted to KodersPoint before the Services are delivered. This agreement does not apply to situations in which the Client does not give access to the Client Materials or comply with the Client's security requirements. KodersPoint will not be liable for any failure to deliver the Services or delays in performance due to these circumstances.
Client Confidential Information, Third-Party Data, Client Materials, and Third-Party Account Information (collectively, "Client Property"), as well as any intellectual property rights therein, are and will remain the exclusive and exclusive property of the Client. All of KodersPoint's Confidential Information, and KodersPoint services, and all of the KodersPoint technology platforms, techniques, methodologies, processes, and ideas and concepts and any improvements, modifications, or derivative works of the preceding (collectively, "KodersPoint"), as well as any intellectual property rights therein, will remain the sole and exclusive property of KodersPoint and its licensors. KodersPoint does not possess Client Property integrated or incorporated into any of the products.
KodersPoint guarantees to Client that the Services delivered by KodersPoint will be done by generally recognized industry practice if Client fulfills its responsibilities to KodersPoint under these Terms and Conditions and the relevant Services Schedule. The warranty of KodersPoint will expire 30 days from the relevant Services Completion Date or sooner if terminated. The client must notify KodersPoint of any breach of warranty within 30 days of the relevant Services Completion Date for the warranty to be effective. KodersPoint's sole and exclusive liability for breach of warranty shall be to make reasonable efforts to execute the Services in a way that conforms to the guarantee or refund to Client the monies paid to KodersPoint for the nonconforming Services, at KodersPoint's choice. The remedies set out in this paragraph are the only and exclusive remedies available to the Client in a warranty violation.
Neither party's entire liability to the other arising out of these terms and conditions for the services performed hereunder shall be limited to the amount paid by the client to KodersPoint under the applicable services schedule, regardless of anything in these terms and conditions to the contrary. Either party shall not be liable for any incidental,indirect, special, exemplary, or consequential damages (including loss of profits or data), even based on contract, strict liability, tort (including negligence), or any other legal theory, even if such person has been notified of the likelihood even if limited remedy described in these terms and conditions is judged to have failed of its basic purpose, the parties agree that the limitations specified in this Section 10 will survive and apply.
Only if the terms of these Terms and Conditions and the Services Schedule restrict KodersPoint's exposure to responsibility, including but not limited to the conditions above, do KodersPoint agree to enter into these Terms and Conditions and the Services Schedule execute the Services for Client. It is important to note that these terms and conditions and the services schedule are based on a contract that includes such provisions.
There may be information that each party has access to that is confidential and private to the other. Any technical and non-technical information, including but not limited to patents and patent applications, trade secrets, and proprietary information–mask works, sketches, ideas, samples, media techniques, drawings, models, works of art, inventions know-how, processes, apparatuses equipment, algorithms, software programs, software source documents, and formulas related to the current, future, and past eras–is referred to as "Confidential Information."
As part of these Terms and Conditions, each party agrees that it will not disclose or use any Private Information for any purpose other than in the performance of these Terms and Conditions, and each party agrees that it will not use the Private Information for any purpose that is inconsistent with these Terms and Conditions.
Each party must take all reasonable means to ensure that private Information is kept safe and not disclosed or disseminated by its employees or agents in violation of this Section 12. Only the receiving party will keep an archival backup copy of Confidential Information if requested by the disclosing party. This provision does not apply to any Confidential Information that becomes available publicly after the date hereof without a breach of these Terms and Conditions, or that is disclosed to a third party without restriction on the third party's rights, or that is already known in the relevant industry. When these terms and conditions are terminated, Section 12 will remain.
They supersede any earlier and contemporaneous written or oral agreements, offers, or statements concerning its subject matter, including but not limited to any relevant Service Schedules, and together form the complete agreement between the parties. Only a written and signed agreement by the party against whom the modification, revision, or waiver is being claimed will be enforceable against the other party. Client purchase orders and other order documents will not be integrated into or constitute part of these Terms and Conditions, and all such terms and conditions are invalid. Notwithstanding any wording to the contrary herein, These Terms and Conditions shall be modified if any of the provisions herein are deemed unenforceable for any reason.