For Web Development and Software Development and Consulting services
This is our T & C Service Agreement shall apply and govern the Statement of Work(s), project, quotation or any other document (“SOW”) executed between Persistent Systems Limited or any of its affiliates [specifically identified in the SOW] (“Consultant/Consultant”) and Customer, for the purpose of providing professional services (“Services”) or deliverables (“Deliverable”) for software development and consulting.
(a) Prices in the Quote are in INR, US dollars, include services packaging for domestic or international commercial shipment, as appropriate, and are exclusive of any other amounts including without limitation fees for export, special packaging, transportation and insurance, and are payable as per the Quote.
(b) Prices do not include any taxes, customs duties or tariffs. When GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES has the legal obligation to pay or collect any such taxes, duties or tariffs, the appropriate amount shall be paid by Buyer unless Buyer provides GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES with a valid exemption certificate. Buyer agrees to indemnify and hold GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES harmless for any liability for any tax, duty or tariff in connection with the sale, as well as the collection or withholding thereof, including penalties and interest.
2. ORDER ACCEPTANCE
Purchase Orders are subject to formal acceptance in writing (via email, by letter or fax) by GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES’ contractual representative even if received elsewhere by a salesperson, selling agent or other representative. GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES will use commercially reasonable efforts to confirm or reject any Buyer Purchase Order within seven (7) working business days of receipt by GENERAL DIGITAL SERVICES DEVELOPMENT & SOFTWARE SERVICES’ contractual representative.
3. PAYMENT TERMS
We are collecting payment for services or product in advance payment (60% payment of Services or Product) then remaining amount has been paid after delivering the services or product. Our all services or product is renewal monthly or yearly and this is price is variable according to market.
Our maintenance charge is not including in Quotation. We charge according to your project work.
4. ACCEPTANCE OF SERVICES
Acceptance of services shall occur immediately upon completion unless buyer provides written notification of non-conformity within 15 calendar days of completion.
5. WARRANTIES EXCLUSIVE
To the full extent allowed by law, the foregoing warranties and remedies are exclusive and are in lieu of all other remedies, warranties, terms and conditions, express or implied, either in fact or by operation of law, statutory or otherwise. GENERAL DIGITAL SERVICES OR PRODUCT DEVELOPMENT & SOFTWARE SERVICES’ warranties herein convey to client and to the ultimate end user (the "End User"), but are not extended to any other third parties. GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES neither assumes nor authorizes any other person to assume for it any other liability in connection with the sales, installation, maintenance or use of its Products or performance of Services. Replacement Products assume the warranty status of the Product being replaced and have no separate or independent warranty of any kind
The disclaimers of warranty and limitations of liability set forth herein are an essential element in setting the product price. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply or fully apply to Licensee.
6. BUYER CHANGE ORDER AND CANCELLATION
Any and all changes to Buyer’s Purchase Orders must be provided by written (paper-based or electronically transmitted) notice from Buyer. Any change order increasing the purchase quantity is subject to acceptance by GENERAL DIGITAL SERVICES or PRODUCT DEVELOPMENT & SOFTWARE SERVICES’ contractual POC.
7. CANCELLATION FOR DEFAULT
GENERAL DIGITAL PRODUCT DEVELOPMENT & SOFTWARE SERVICES may, upon written notice to Buyer, cancel any or all Buyer Purchase Orders effective immediately if:
(i) Buyer fails to perform any material obligations and such failure is not remedied within fifteen (15) calendar days after notice has been given;
(ii) Buyer fails to pay for purchases in accordance with the terms stated herein;
(iii) Buyer: ceases doing business as a going concern; makes an assignment for the benefit of creditors; is unable to pay its debts as they become due; files a voluntary petition in bankruptcy; is adjudicated to be a bankrupt or insolvent debtor; files a petition seeking for itself any reorganization; or consents or acquiesces in the appointment of a trustee, receiver or liquidator; or
(iv) any proceeding seeking involuntary reorganization, or similar relief is file
Contact us at email@example.com