The material contained on this site and on the associated web pages is general information and is not intended to advise on any particular matter. Subscribers and readers should seek appropriate professional advice before acting on the basis of any information contained herein.
Joykal Infotech LLP, its Founders, Employees, Agents, Representatives and the Authors expressly disclaim any and all liability to any person, whether a subscriber or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance upon the contents of this site and associated web pages.
We value your privacy! We never share, lease, sell or otherwise disclose your personal information.
RESALE OR DISCLOSURE OF INFORMATION TO THIRD-PARTIES
Joykal Infotech LLP. does not sell, rent, loan, trade or lease any personal information collected through our website, including contact forms, download requests or email lists.
The client shall retain ownership of all data, software applications, tools and other Intellectual Property, etc. supplied for development. The client warrants that it either owns or has a valid license to use or have used its materials provided to Joykal Infotech LLP for use in performing services for the client and grants a license to use such materials. Joykal Infotech LLP agree to restrict the use of materials to employees and contractors performing services for the client and to return all materials upon request or completion of the assignment.
Joykal Infotech LLP agree that its employees and contractors working on the client’s assignments shall have no claim of ownership of such Work Product developed for the client.
Joykal Infotech LLP will provide warranty support for a period of 6 months from date of acceptance for the application.
Warranty is limited to fixing defects found during this period. The scope of warranty will not cover any enhancements, requests for modifications etc.
Joykal Infotech LLP warranty service obligations provided herein shall not apply to any claimed nonconformity caused by (a) the malfunction or improper use of any hardware or software not provided by Joykal Infotech LLP, (b) Customer’s negligence, fault or improper use of a Deliverable, or (c) modifications to or changes in a Deliverable not made by Joykal Infotech LLP.
LIMITATION ON LIABILITY
Each party’s liability, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement shall not exceed the lesser of a) actual damages or loss assessed by the arbitrator or any other dispute resolution mechanism adopted by the parties under this Agreement or b) the total amount paid to Joykal Infotech LLP by Customer for Services during the preceding twelve (12) months.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES BY ANYONE, NOR SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, TORT OR OTHER DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR OF ANY OTHER OBLIGATIONS RELATING TO THIS AGREEMENT, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Either party has the right to terminate this Agreement if the other breaches or is in default of any obligation hereunder which default is incapable of cure or which, being capable of cure, has not been cured within thirty (30) calendar days after receipt of notice of such default (or such additional cure period as the non-defaulting party may authorize).
Except as otherwise expressly agreed to by Joykal Infotech LLP in writing, Customer agrees not to directly or indirectly or through third parties solicit or hire for employment any of Joykal Infotech LLP’ employees during the term of this Agreement and for a period of two (2) years following its termination
This contract and any dispute arising hereunder shall be governed by the laws of India without regard to principles on conflicts of laws.
Neither party undertakes any responsibility if it is prevented from performing its obligation due to sickness, accident, death of its employees or Consultants or any other cause beyond the control of the parties.