Terms & Conditions

for Hedera Information Technologies

General Terms & Conditions Work, Client Responsibilities and Liabilities

All site content (text and multimedia) will be the sole responsibility of the client to provide to Hedera. Such should be provided prior to commencing the work.

The client is solely responsible to take proper backup of all content on their site/application prior to letting Hedera undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be the responsibility of Hedera under any circumstances.

The Contract does not hold Hedera responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Hedera on behalf of the client, will remain the property of Hederas and/or its suppliers unless otherwise agreed.

While Hedera will do its best to achieve all deliveries within the estimated time, there may, at times, be a need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays and the like.

The Client retains the copyright to data, files and graphic logos provided by the Client and grants Hedera the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Hedera permission and rights for use of the same and agrees to indemnify and hold harmless Hedera from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Application development/or design shall be regarded as a guarantee by the Client to Hedera that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Re-work, Add-ons/Enhancements and Billing

Any additional features not envisaged in the scope of work of the original contract would be entertained through a Change Management process and be additionally billed.

Most tweaks and minor changes/re-work are normally may normally be complied with, however, if in Hedera estimation, this is being abused, a list of such works will be compiled being the grounds of abuse and such re-works/tweaks shall be billed additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates which may be determined by Hedera.

Hedera accepts payments by Cheque, Cash or Bank Transfers (right to decline payment in any of the mentioned forms without notice is reserved). The client will be required to submit a transaction receipt and swift code for the Bank Transfers to aid payment tracking with the bank.

In the event that a client cancels the service prior to completion of the project, they may be liable to pay a cancellation fee The fee will be commensurate to the amount of work completed at the point of cancellation. A non-payment of this cancellation fee and/or overdue amount will result in legal action against the client.

Approvals and Delivery

Hedera will put its best efforts to deliver the products within the agreed timeframe., However dates of delivery are liable to be revised due to inevitable technical reasons. The client is solely responsible to review the product upon its delivery and update feedback within 7 days. If during this period, no response from the client within this period, the project will be deemed to have been confirmed and accepted by the client.

Support and Third Party

Any 3rd-Party support, product and/or service being used/ integrated into the application which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by Hedera on behalf of the client on pre-payment for the cost of such procurement.

The fee charged by Hedera is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.

No guarantees or warranties shall be provided by Hedera regarding the accuracy, performance or quality of such 3rd-Party product/service.

Any upgrade in the 3rd-Party product/service being used in the project shall not be part 

Limitation of Liability

Hedera will employ reasonable skill, care and diligence in providing the contracted service. However, no representation or warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the service shall be deemed to be made by Hedera.

Hedera hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the mobile application; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.

Severability

If a court finds any provision of this Agreement/ terms of service invalid or unenforceable, the remainder of this Agreement/terms of service shall be interpreted so as best to effect the intent of the parties. Either party may renegotiate the terms affected by the severance.

Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

Jurisdiction

The terms of this agreement and the rights of the parties hereto shall be governed exclusively by the laws of United States, without regarding its conflict of law provisions.

The parties irrevocably agree that the courts of United States shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Orde.