Seller refers to the party to whom the order for purchase has been given. Client refers to the person or organization placing the order. Goods or services refers to the product for which the seller has placed an order with the client.
The terms and conditions are valid for any goods or services provided by the Seller to the Client.
The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.
All invoices of the Seller shall be paid by the Client immediately online as processed through Authorize.net.
Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any expenses of delivery.
In view of the nature of the service, any order – once confirmed by the Company – is not cancellable.
All written notices to be served on or given to the client shall be sent or delivered to the client’s principal place of business and shall be treated as having been given upon receipt.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing, and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
Limitation of Liability
The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall, in any event, be limited to the license fees paid by the Client in the year in which the event of default arises.
Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.