Terms & Conditions
Introduction: Apex Freelance (Hereinafter referred to as "Apex") offers a freelance service, of website development. These terms and conditions (the "Terms") govern the provision of service by Apex. By accessing and utilizing Apex's freelance services, you agree to abide by these Terms. If you do not agree with these Terms, kindly refrain from using Apex's services.
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Services: Apex provides freelance service, such as website development. The specific services to be rendered will be mutually agreed upon between Apex and the client before the initiation of any work.
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Payment: The client is obligated to remit the agreed-upon fee for the services provided by Apex. Payment terms will be established before the commencement of any work. Failure to fulfill payment within the agreed-upon timeframe empowers Apex to terminate the agreement and cease services.
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Confidentiality: Apex commits not to disclose any confidential information provided by the client without the client's prior written consent. Confidential information encompasses, but is not limited to, any proprietary information or material belonging to the client, whether marked as confidential or not.
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Representations and Warranties: The client affirms and warrants its legal right to enter into this agreement. Additionally, the client asserts that the use of any materials provided to Apex will not infringe upon the rights of any third party.
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Limitation of Liability: Apex shall not be held liable for any indirect, incidental, consequential, or special damages arising from the services or this agreement. Apex's liability to the client shall not exceed the total fees paid under this agreement.
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Indemnification: The client shall indemnify and hold Apex harmless from any claims, damages, and expenses (including reasonable attorney's fees) stemming from any breach of the representations and warranties set forth in this agreement.
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Governing Law: This agreement shall be governed by and construed in accordance with the laws of India, excluding any principles of conflicts of law.
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Dispute Resolution: Any disputes arising from this agreement shall be resolved through binding arbitration following the rules of the Indian Arbitration and Conciliation Act.
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Termination of Maintenance Fee: Should the client wish to terminate the maintenance fee, Apex will delete the website and will not return any materials or data to the client.
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Entire Agreement: This agreement constitutes the entire understanding between the parties, supplanting all prior agreements, whether oral or written.
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Modification: This agreement may only be modified by a written instrument executed by both parties.
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Severability: If any provision of this agreement is deemed invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
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Waiver: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.