Techvire aims to deal with its clients in a professional, timely, and favorable manner. To ensure that any client engaged with Techvire will be accepting the following terms and conditions.
In these conditions
- “Agreement” means the entire content of this Standard Terms and Conditions document and any supplemental documents designated herein or in the Project Proposal, together with any exhibits, schedules, or attachments thereto or hereto.
- “Techvire” means U & V Techvire Digital Solution LLP
- “Client” means the party ordering the Deliverable(s) or Service(s) from Techvire
2. NATURE RELATIONSHIP OF PARTIES
- An independent contractor relationship is assumed between Tehvire and the Client and Marketingaxle, and that no partnership or joint venture is intended or implied by either party.
- Techvire is entitled to employ third party agents to complete certain parts of the deliverables. The work will be done either in the name of Techvire or the Client. Techvire will select the relevant party and ensure it is appropriately qualified. If the Third Party survives the contract, the Client will assume the responsibility of the Third Party. This will also hold true in case of termination of the contract.
- Any amendments to these terms and conditions will be notified to the Client within 7 days, they shall be deemed to be agreed unless Client objects within 14 days of the notification.
3. SCOPE OF SERVICES
- The scope of the services to be rendered shall be based on the specifications of the proposal and scope of statement, if one is present. Subsequent modifications of the services shall be subject to Techvire’s written confirmation. When executing the order Techvire shall be free in its discretion within the framework specified by the Client.
- All works resulting from the services of Techvire (including but not limited to all preliminary designs, sketches, final drawings, proofs, blueprints, copies, colored prints, and electronic files) shall be checked by the Client and released within three working days of receipt by the Client. If they are not released within that period, they shall be deemed approved by the Client. After that period has expired with no reply from the Client they shall be deemed accepted by the same.
- The Client shall make the information necessary for the execution of the service available in time, preferably before starting the work. The Client shall bear the costs of any damages, repeated works resulting from a failure of doing so.
- The Client is obliged to clear the documents made available for execution for potential rights violation from third parties. Techvire will make minor changes will issue arise free of any additional costs, but will not be liable for any damages resulting from such violations.
- Techvire shall be entitled to make reference to itself and the author, if applicable, on all advertising means and in any advertising and promotion measures, without the Client being entitled to any payment in this respect.
- Techvire shall be entitled to make reference to its current or former business relationship with the Client on its own advertising media, including but not limited to its website, by
referring to the Client’s business name and business logo, with the Customer having the right to revoke his consent in writing at any time.
- Use of Techvire’s services beyond the originally agreed purpose and scope of use shall be subject to Techvire’s consent irrespective of whether such service is protected by copyright or not. In consideration, thereof Techvire shall be entitled to a separate reasonable fee.
- The deadlines are non-binding in nature unless expressly agreed to be otherwise in writing.
- Techvire is not liable for delay of deliverables/services in events of force majeure that cannot be prevented by reasonable means. The deadlines shall be extended accordingly, in the events, the delays continue for more than two months, the Client and Techvire are entitled to terminate the contract.
- If Techvire is in default, the Client may only rescind the contract after having granted Techvire a reasonable grace period of at least 14 days in writing and after such period has expired fruitlessly. Claims of the Client for damages on the ground of non-performance or default shall be excluded unless intent or gross negligence can be proved.
5. EARLY TERMINATION
Techvire shall be entitled to terminate the contract for cause with immediate effect. Causes shall include but not be limited to situations where
- Provision of service becomes impossible for reasons for which the Client is responsible or is further delayed even though the Client was granted a grace period of 14 days.
- The Client continues to violate material obligations under this contract, such as, e.g. the obligation to pay an amount payment of which has been demanded or duties to co-operate, despite a written warning and having been granted a grace period of 14 days.
- Legitimate concerns exist regarding the Client’s credit standing and, upon Techvire’s request, the Client fails to make advance payments or to furnish suitable security prior to provision of the service by Techvire.
- The client shall be entitled to terminate the contract for cause without having to grant a grace period. A cause shall be, in particular, where Techvire repeatedly violates material provisions of this contract despite a written warning and having been granted a grace period of at least 14 days to remedy the breach of the contract.
- Payment shall be due immediately upon the receipt of the invoice without any deductions unless any special payment terms were agreed upon in writing. Techvire shall retain title to the goods delivered by it until full payment including all ancillary liabilities.
- In case of delayed payment, the Client’s statutory default interest rate will be charged. In the case of defaults, the Client undertakes to reimburse Techvire for any collection charged that incurred for the appropriate pursuit of the claim. Assertion of further rights and claims shall remain unaffected.
- If the Client is in default of payment, Techvire may call for immediate payment of services or partial services rendered under different contracts concluded with the Client.
- Furthermore, Techvire is not obliged to render other services until payment of the amount outstanding (right to withhold services). The obligation to pay the fees shall not be affected.
- If payment by installments has been agreed upon, Techvire reserves the right to demand immediate payment of the total debt outstanding if installments or ancillary claims are not paid in time (acceleration clause).
- The Client shall not be entitled to set off claims of Techvire against his own claims unless the Client’s claim has been recognized by Techvire in writing or ascertained by the court.
7. ASSET RIGHTS
- The client acknowledges the resource-intensive nature of generating ideas.
- The client undertakes not to exploit or have exploited commercially and/or use or have used the creative advertising ideas which the Techvire presented as part of the concept
- in any context other than the corrective of a principal contract to be concluded at a later time.
- If the Client is of the opinion that the Techvire presented ideas to him which he already had before the presentation, he shall notify the Techvire thereof via e-mail within 14 days of the day of the presentation and include means of evidence that allow a chronological allocation.
- Techvire shall retain title to all services of the Agency, including services in connection with presentations including parts thereof, as well as the individual workpieces and original designs and Techvire may demand at any time, in particular in the case of termination of the contractual relationship, that they be returned to it.
- Modifications and/or editing of services of Techvire, including but not limited to the further development of the same by the Client or third parties working for the Client, shall only be permitted with the express consent of Techvire and, to the extent that services are protected by copyright, of the author.
- The Client may be released from his duties under this Clause if he pays a reasonable compensation plus 18% GST. Such release shall become effective only after the full compensation payment by Techvire.
- Use of the Techvire’s services beyond the originally agreed purpose and scope of use shall be subject to the Agency’s consent irrespective of whether such service is protected by copyright or not. In consideration, thereof the Agency and the author shall be entitled to a separate reasonable fee.
- After the expiration of Techvire’s Agreement, the use of services and/or advertising means for which Techvire developed concepts or designs shall also be subject to Techvire’s consent irrespective of whether the service is protected by copyright or not.
- In the first year after termination of the contract Techvire shall be entitled to the full fees agreed in the expired contract for any use mentioned above in “Paragraph I”. In the second and third year after the expiration of the contract, Techvire shall only be entitled to half or one fourth of the consideration agreed in the contract. From the fourth year after termination of the contract, no fees shall be payable.
- The client shall be liable to Techvire for any unlawful use in the amount of twice the reasonable fees for such use.
- The client shall notify any defects immediately and in any case within eight days of delivery/provision of the service by Techvire and hidden defects not later than eight days after they were identified in writing including a description of the defect; otherwise the service shall be deemed accepted. In that case assertion of any warranty claims or claims for damages as well as the right to assert claims on account of mistake shall be excluded.
- In the case of a justified and timely notification of defects, the Client shall be entitled to improvement or replacement of the delivery/service by Techvire. Techvire shall repair the defects within a reasonable period of time and the Client shall enable Techvire to take all measures which are necessary for examination and repair of the defects. Techvire shall be entitled to refuse improvement of the service if such improvement is impossible or if it were to incur disproportionately high costs. In that case, the Client shall be entitled to cancel the contract or get a fee reduction as provided for by law.
- Personal information, like name, email, contact number, website URL, credentials that the Client provides us by filling the contact form will be kept confidential and not be exposed to a third party, without the Client’s prior consent.
- Techvire will take the best precautions for preventing the misuse of personal client information. Data security over the internet cannot be guaranteed by Techvire.
- If at any time during the term of a service contract, Techvire fails to insist upon the strict performance of any of the Client’s obligations under the service contract or any of these terms and conditions, then this will not automatically free the Client from any of the obligations mentioned in the terms and conditions and will not constitute a waiver.
- Any waiver will be valid only if it is communicated and agreed upon by both parties in writing.
11. GOVERNING LAW
- The agreed place of jurisdiction for all legal disputes arising between Techvire and Client in connection with this contractual relationship shall be the court having jurisdiction over the subject matter and the Techvire’s registered office. Notwithstanding the foregoing, the Techvire shall be entitled to sue the Client at his general place of jurisdiction.
- If only the masculine form is used herein for describing natural persons it shall equally refer to women and men. If a specific person is referred to, the respective gender-specific form shall be used.
Techvire reserves the right to modify the above terms and conditions at any point in time, including the time of an ongoing contract, and changes in the terms and conditions will be notified to the clients through company email.