Relationship
iGex Solutions understands that this relationship with Client is that of a contractor and by accepting work won’t create a joint venture, partnership, or employer-employee relationship. Accordingly, iGex Solutions is not entitled to any benefits that may ordinarily be extended to employees and is not authorized to make any representation, contract or commitment on behalf of Client unless specifically authorized to do so by Client. The parties hereto understand that neither of them has the authority to bind the other in any contractual arrangement with any third party.
Services
iGex Solutions will create a Website/Application as per the specifications provided by iGex Solutions in consensus with relevant law and standard industry practices in all material respects.
Payment Terms
In consideration for the Services, and for the duration of the Term, the Client shall pay the Company a service fee equal to System Cost mentioned in the Proposal sent to the client. If the scope of the specifications or project changes significantly after this Agreement is signed, the compensation can be increased as per negotiation between the Client and the Company.
Client’s Obligations
The Client shall provide the Company any information reasonably requested by the Company in a timely manner. The client will be responsible for registering the Web site’s domain name, choosing the Web hosting company, and paying any fees associated with these. A client is also responsible for any other fees associated with the project. A client will also be responsible to get outside services done in a timely manner those are related to the current project with the Company.
Approvals & Modifications
iGex Solutions has a structured and systematic approach towards design and development of a system. Client approval is an integral process in the completion of each element of the project. Such approvals are derived from the clients on regular basis. During the course of design or development stage if the client fails to respond to give feedback to the company within 10 days for any queries, work executed, etc…, the company will put the project on hold and will switch over the designers/developers/team working on the client’s project to other company projects. If the client wants to resume a project which is on hold, the company reserves the right to revise the quote and the timeline to accomplish the work. Change in approved elements of the system at a later stage may cause modular changes in the design, which may be charged additionally.
Termination
Both Client & iGex Solutions shall have the right to terminate the engagement by giving the other party written notice of termination in following conditions:
- If the other party considerably breaches any of its obligations under this agreement and fails to restore such infringe to the satisfaction of the terminating party within ten (10) business days after receipt of written notice
- the other Party is not paying their debts normally as they become due
IPR
The Client represents to iGex Solutions unconditionally guarantees that any elements of copy, images, related graphics, designs, trademarks, third party logos, or other artwork provided to iGex Solutions for inclusion in website or web-based systems are owned by the Client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend the Company and its subcontractors from any claim or suit arising from use of such elements furnished by the Client.
System Rights
Copyrights to the finished assembled work of App and web-based system produced by the iGex Solutions are owned by the iGex Solutions. Upon successful completion of this contract, the client is assigned full rights of the system, the design, graphics, and copy contained in the finished assembled system (Once full and final payment received by iGex Solutions from Client). Rights to images, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners till the time iGex Solutions receives the full and final payment whether the project has been signed off successfully or terminated by mutually. iGex Solutions retains the right to display graphics and other design or system elements as an illustration of their work in their respective portfolios.
NDA
iGex Solutions understands the anxiety one would go through before making someone else privy to the ideas and concepts that have been nurtured and evolved over a period of time. We believe in the ethical conduct of business, and consider protecting the vital classified information received from the client and built into the project sacrosanct. We believe in providing security and confidentiality at all levels of vulnerability. iGex Solutions can provide NDA on request from clients end.
Reimbursement of Dispute
In case of any damage or data loss or any legal dispute will take place during the course of Application/ Software/ Website development, any kind of loss E.g. Finance OR brand OR profit of client. iGex Solutions is not bound to reimburse against the loss incurred to the client.
Change Request
Any changes in the scope, designing or flow of work in not expected during the course of the project life cycle. If the client wishes to have any modification or change in the live project, additional efforts would be considered as a separate project and billable amount will be charged extra. Any change request is accepted from the client via email or in writing. On change request, iGex Solutions do not guaranty project completion within the expected time.
Legal
The company does not certify that the information system functionality or website that is being developed, will meet the client’s requirements or that the operation of the system will be uninterrupted or error-free. The entire risk as to the quality and performance of the system is with Client. In no event will Company be liable to the Client 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 this system, even if Company has been advised of the risk of such damages. If any condition of this agreement shall be void, unlawful, or for any reason unenforceable, then that condition shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Choice of Law
The validity, performance, and construction of Project shall be governed by the laws of the Government of Gujarat, India.
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