Indemnity and Liability:
Any statements or recommendations made by the employees of Shining Sun used
by the customers for whatever reason is a sole responsibility of the customer or
end user. Customer agrees that it will indemnify and hold harmless Shining sun its
officers and employees from and against all liabilities, demands, claims, lawsuits,
costs and expenses.
Force Majeure:
In the event of any force majeure circumstances affecting the ability of
Shining sun to perform in accordance with terms of this proposal and the consequent
order, Shining sun retains the right to withdraw from the unfulfilled portion of
the deliverable work, if any, and not face any liability on this account. Force
Majeure shall include but not be restricted to Acts of God or enemy, action of the
government in its sovereign capacity, floods, fires, earthquakes, explosions, accident,
epidemics, civil commotion’s, riots and any such major events beyond Shining sun’s
control.
Liability Cap:
Shining sun will not be held liable to any claims, financial or otherwise,
arising out of usage of the supplied software or affiliated infrastructure. Any
financial liability will be limited to the amount paid to Shining Sun.
Arbitration and Jurisdiction:
Any dispute shall be resolved first by mutual discussions and only in case
of unresolved disputes; both parties shall appoint an arbitrator of mutual consent.
The sole arbitrator shall have the power to conduct a document-only-arbitration
as also a fast-track arbitration to render his award within a maximum period of
thirty days. If both the parties fail to appoint a mutually agreed arbitrator, the
case is subject to the law of the land under the jurisdiction of Indian court in
nagpur, India.
Timing:
A specified timing on the quotation is subject to customer response, communication,
feedback, approval, data or other changes and is subject to change.
Contents and information:
Necessary Contents and information to be provided by the client in the
electronic format only.
Confidentiality:
Each party hereto agrees that it shall treat all Confidential Information
belonging to the other Party as confidential and safeguard it accordingly and shall
not disclose any Confidential Information belonging to the other Party to any other
person / entity without the prior written consent of the other Party, except to
such persons / entities as may be necessary for the performance of the Contract.
Any information or material provided by either party hereto, whether written or
oral, including, without limitation, product information (including concepts and
designs), drawings, formulae, processes, data, market information, pricing and cost
information, databases, customer information, operation details, financial statements
and projections is considered as the "Confidential Information”. Shining sun is
committed to be the leader in its services and follows all common industry guidelines
as well as other professional codes and ethics to fulfill and exceed customer expectations.
There may be few changes in the terms depending on each quotation or project, the
customer must request to us, if they have any questions before the project kick-off.
Shining Sun reserves the right to change any of the above terms
|