Limited Liability In no event shall the Rostrum Global (heretofore referred to as “agency”) be liable to the client for any indirect, special, exemplary or consequential damages, including any implied warranties or merchantability or fitness for a particular purpose and in particular any claim of the failure of any software contained on rented or owned servers of the client or implied warranties arising from course or dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein
There shall be no refunds. The agency makes no warranty of any kind, whether express of implied with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties. The client is responsible for back up of the complete system, and re installing in event of failure of software.
Client Representations The Client makes the following representations and warranties for the benefit of the Agency
The Client represents to the Agency and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Agency 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 Agency and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to the Agency for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend the Agency and its subcontractors from any liability or suit arising from the use of such elements.
From time to time governments may enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend the Agency and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Confidentiality The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process.
The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, the Agency and the Client acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
Data Protection All information collected from or for the client will be held subject to the confidentiality terms of this agreement and in accordance with data protection laws. Such information will only be held by Rostrum Global during the term of this contract. The client will have full responsibility in respect of complying with the Data Protection Act for all information that Rostrum Global collects and supplies to the client in the course of carrying out the contracted work.
Failure to Perform Neither party will be liable for any delay or for failure to perform its obligations if that delay or failure is caused by circumstances beyond the control of the party including but not limited to, acts of God, industrial dispute, civil disturbance, strikes (other than strikes by that party’s employees or its sub-contractor’s employees) or lockouts or impossibility of obtaining source material. Such party shall be entitled to a reasonable extension of time for the performance of such obligations.
Relationship of Parties The Agency, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.
The Client does not undertake by this Agreement, the Order Form or otherwise to perform any obligation of the Agency, whether by regulation or contract. In no way is the Agency to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.
Payments, Disputes & Refunds We follow a transparent payment and refund policy and offer a full refund if the project has not been initiated for any reason. Rostrum Global will issue a partial refund upon the discretion of the service provider if the project does not get finalized as mentioned in the delivery policy and contract.
The proportion of the project completed will be calculated by Rostrum Global and the proportion that is not complete will be treated as per the pre-defined scope of the project.
The following are the basic points per which we honor our refund policy:
- Rostrum Global offers a full refund if there is a delay in starting the project by either the programmer/designer/ SEO expert (or any other resource/staff).
- We will offer a proportionate refund if the client cancels the project at any point in Time.
- Refunds are not provided for days/hours that have been utilized for client work.
- Clients must immediately notify the relevant point of contact in the case of being dissatisfied with the work being provided or if they decide they want to cease the project.
- We will not accept any such negotiations if they are bought up at a date that is later than the event.
In the event of any dispute arising out of the Agreement, the parties will attempt to settle it by negotiation. Moreover, Rostrum Global will do their best to entertain all client requests for changes and revisions as far as they align with the mentioned scope of work. In the case that these changes and revisions do not align with client requirements, the client may file a request to cease the project followed by a refund request
Agreement Binding on Successors The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
Waiver No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
Integration This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement.
It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
Read & Understood Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.