Terms and Conditions
Terms and Conditions Clastic
These are general terms and conditions which will govern the transactions and transfer of materials of specific nature between the first party which is Clastic which will be called the Provider
and the second party which will be called the Client
from here on. All transactions will come under the ambit of these terms and conditions and are under the scope of applicable laws.
The contract has been carried on between the Provider
and the Client
for the purpose of business on material which has been discussed, understood and quantified by both the parties with acceptable definitions. The said material is under the scope of online and offline content of varying nature as agreed upon, online services provided by the Provider
. The actual contract shall commence from the date when authorized signatories from both the parties have verified and signed them, and modes of payment have been clearly defined.
This signed contract shall contain these general terms and conditions and is the sole contractual agreement between the parties. Once the contract is signed and in effect, in case of any conflict regarding any clauses in the contract it will take precedence over the terms and conditions.
Once the final proposal has been signed by the authorized signatories, it will be valid up to the time specified for the completion and delivery of the project.
The said (signed) copy of the Client
Proposal, (incorporating the General Terms and Conditions), shall form the entirety of the contractual agreement between the provider and the client. No other conditions, whether implied or expressed are included in this agreement.
Additional work, which is outside the scope of the original agreement, may be undertaken by mutual written consent. This authorization shall be in the form of a variation order, signed by both parties, which shall be subject to all of the terms and conditions of the original agreement.
The contract shall commence from the date it has been authorized by both the parties and shall continue till the contract has been satisfied which is decided by both the parties.
If the contract is on a yearly basis, the contract shall be valid from the date of commencement to a period of twelve months, after which the contract has to be renewed with the same or varied clauses. Variable timing of delivery has to be decided upon and confirmed with the signing of the contract. If in any case, one or both the parties would want to terminate or extend the contract, it has to be conveyed to the other party in writing one month in advance and has to be agreed upon by both the parties.
Terms of payment:
The payment schedule can be decided upon by both the parties and has been accepted by both the parties to be in force. The following are general terms and conditions for the terms of payment.
All lump sum payments are payable in advance before the commencement of work and have to be confirmed by the Provider.
Monthly payment will be due for payment for the month in question on the last day of previous month. This shall be confirmed by the provider.
No work shall commence if the client fails to deliver the payment within the stipulated amount of time specified within the contract.
In the event of failure by the client to make payment by the due date, Provider reserves the right to suspend ALL services, until payment has been made, without any prejudice to its rights under the contractual agreement.
Liabilities to third party
This contract shall and will only be between the Provider
and the Client
and any third party work flow shall be explicitly mentioned in the contract. The Provider
shall not be liable to any third party in any matters pertaining to the contract and is in no way to be held responsible outside the scope of the contract. The client hereby indemnifies the provider against any claims which may be made by any third party that may arise from the work stipulated in the contract.
Under no circumstances will the Provider be responsible for any of the content published, or used, on the web sites, belonging to the client. The Provider will utilize in good faith, any material supplied by the client, whether in the form of text, photographs, digital, audio or video material etc and may adapt it as they see fit. The client hereby, indemnifies the Provider against any claims from third parties for any errors or omissions, breaches of privacy, infringement of copyright and/or other improper usage of intellectual property that may arise in connection with any work done on the client’s behalf.
Liability to Client
The provider shall under no circumstances be liable for any consequential or indirect costs that may arise from the work carried out.
The Provider will, if required, assist the Client to obtain and set up an appropriate hosting arrangement for the client’s website. However the client must understand and accept the adequacy of the proposed hosting arrangement on offer and must finalize the agreement with the host provider himself. The Provider will not accept liability for any technical faults, interrupted service or other problems relating to the hosting arrangement.
Cancellation of service:
If for whatever reasons, the contract stands cancelled, then all outstanding amounts payable to the Provider
by the Client
for work done shall be payable immediately, together with a cancellation fee of 20% of the remainder of the fee.
All disputes come under the purview of the laws laid down in the United States of America as they are applicable.
Should a dispute arise between the contracting parties, for alleged non-performance of contractual obligations or in regard to any errors, omissions, late payment or any other breaches of the terms of this contract, then a letter of complaint shall be sent by the complainant to the other party, clearly stating the reasons for the complaint and stating which specific clauses of the contract are relied upon to sustain his case.
The recipient of this above mentioned letter shall have a maximum of 7 working days to respond in writing, after receipt of the same confirmed by both the parties, and failure to do so will allow the matter to be up for arbitration at the discretion of the complainant.
The response if received within the stipulated time of 7 business days and is not to the satisfaction of the complainant, the respondent has 28 working days available for the purpose of amicable solution through negotiations and/or mediation. If the matter is not resolved, then the matter shall be taken up for arbitration with a party mutually decided upon.
The arbitration shall be under the ambit of the American Arbitration Association. The arbitrator shall give in writing the decision it has reached and the reasons for it to both the parties and shall be binding on both the parties.
Liability of Client
The client shall provide sufficient website content, accurate information and branding materials to the Provider
, before each section of work commences, in order to ensure that the work can start on time. Thereafter the client shall ensure that their obligations to make agreed changes to the website, update information or review and approve progress are always attended to in good time, such that the provider’s work can be carried out efficiently and without experiencing any undue delay to the agreed timelines or deadlines.
The Provider undertakes to act in good faith and treat any material, supplied by the client as confidential, but may not be held liable for any accidental or inadvertent disclosure of information to third parties that may arise in the course of performing work on the client’s behalf.
The contract is confidential and both the parties agree to maintain the same. No part of this contract shall be transmitted to a third party without the written and explicit consent of both the parties.