Privacy Statement
This Service Agreement (“Agreement”) between WebNStack IT Solution Pvt Ltd. and any of its user companies (“Consultant/Consultant”) for the purpose of providing professional services (“Services”) or deliverables (“Deliverable”) for software development and consulting shall apply to and govern any Statement of Work(s), project, letter of intent, or other document (“SOW”) executed between the parties. Any word, term, or phrase used in these Terms of Use must be understood in accordance with its usual meaning, unless the context clearly dictates otherwise. This should not be construed as precluding: “Cookies” refers to a collection of information provided from a web server to a browser and saved on the computer’s hard drive where the browser is being visited, “Company” refers to WebNStack IT Solution Pvt Ltd, and “Services” refers to any services offered by the Company. Anyone using the Services offered by the Company and/or anyone using the Company’s website for any reason is referred to as a “User” or “Users“, “Website” refers to the website run by the Company, which can be found at https://webnstack.com/.
TABLE OF CONTENTS
Payments
After receiving an invoice, the customer must pay it within 15 days. The customer is responsible for paying interest on overdue payments at a rate of 1.5% per month or the maximum allowable by relevant legislation, whichever is less, if there is a delay in payment of more than 5 days from the due date. If the Fees or expenditures are not paid when they are due, Consultant will be released from its duties under this Agreement but will still be able to use the Services for which the money is still owed.
Acceptance Period
The customer has seven (7) days from the time the services or deliverables are received (the “Acceptance Period”) to conduct acceptance tests in accordance with the acceptance criteria specified in the SOW (“Acceptance Criteria”). Deliverables or Services are regarded as accepted by the Customer if no notice of non-conformance to Acceptance Criteria is reported throughout the Acceptance Period.
Intellectual copyrights
All right, title, and interest in and to the Deliverables shall belong to the Customer. Only once the Consultant has received full payment from the Customer, then the Customer be awarded the rights, title, and interest in and to the Deliverables. A permanent, non-exclusive, globally, transferable, and royalty-free licence to use such Consultant Pre-Existing IP solely in combination with the Deliverables is granted to Customer by Consultant to the extent that the Deliverables incorporate Consultant Pre-Existing Intellectual Rights (the “Consultant Pre-Existing IP”) that is necessary for the proper functioning of the Deliverables.
Warranties
The Company makes no guarantees or warranties about the accuracy, decency, completeness, reliability, functionality, or availability of any information or material provided to and/or created by Users. Additionally, the Company makes no guarantees about the accurate communication, presentation, or display of the data made accessible to and/or provided by Users. The Company disclaims, to the extent permitted by law, any and all warranties relating to the Services, including any implied warranties of merchantability or fitness for a specific purpose and warranties against infringement of proprietary rights, including intellectual property rights.The users hereby disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose. Nor does the Company provide any warranties as to the integrity and correctness of the information present on its Website and as to the services advertised on the Website or advertised and/or made available through sites linked thereto.
Limitation of Liability
Under no circumstances shall the Company be held liable in damages of any kind whatsoever to any User. Under this Agreement, the aggregate liability of the parties (whether in contract, law (including negligence), or otherwise) shall not be liable to the company hereunder. The parties disclaim any loss of revenue or commercial profits, regardless of how they were caused, or indirect, special, consequential, or incidental damages, even if they were informed of the possibility of such damages. Even if a limited remedy described in this article fails to fulfil its primary objective, the aforementioned liability restrictions will still be in effect. The content of the Website may not be copied, broadcast, downloaded, stored (on any medium), transmitted, shown, or played in whole or in part, altered in any way, or used for any other purpose without the Company’s prior written consent.
Content
Any content that is shown on the users website or that is linked to it is not the responsibility of the company. The Company does not guarantee that any review of the material will be done, and it disclaims all liability and responsibility for the accuracy, trademark or copyright compliance, or legality of any content.
Amendments and Privacy
Terms of Use and Service AmendmentsThe Company retains the right to periodically change, modify, or replace the Services for any reason and without prior notice, including the right to stop providing the Company’s services altogether. The Company additionally retains the right to amend, revise, or adjust the current Terms of Use without prior notice.
PrivacyThe Company’s privacy policy as set out in this document shall not apply to any data or information that a User may reveal to another User. For more information refer to WebNStack’s privacy page.
Termination
The Agreement may be terminated by party by giving the other party sixty (60) days’ notice. If the other party violates the provisions of this Agreement and the violation is not remedied within 30 days of receiving notification, either party may terminate this Agreement immediately. In the event of termination, the Consultant shall be compensated pro data for the Services rendered.
The Company shall have the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services provided by the Company, in whole or in part, with or without notice.
The Company shall not be liable to any User for any modifications, suspension or discontinuance of the Services.
Violation
Violation of Terms and ConditionsAny violation of these Terms of Use or any other Company rights entitles the Company to seek any and all legal and equitable remedies, including, without limitation, the termination of the Services, against the responsible User. Any rights or provisions in these Terms of Use that are not enforced by the Company do not constitute a waiver of such rights or provisions or of any other rights or provisions in these Terms of Use. The other parts of these Terms of Use shall be enforceable and, to the extent permitted by applicable law, in effect in the event that a court determines, orders, judgments, or in any other manner finds that one or more of the rights or provisions included herein are unlawful.
