This page contains the Terms and Conditions governing your use of the www.cyberhelpindia.com web Site and its services. Please read this page carefully. By submitting the enquiry form or by hiring any resource from Web Flow India, the client agrees to accept the following terms and conditions.
Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use this service.
This Service Also Includes:
- Screening, Hiring, contracting and payment of Resources,
- Assignment of Resources to Customer projects
- Time log tracking and reporting,
- Software tools including Web Flow India Team and Web Flow India Share ("Tools"), and
- Any initial customer training and project support.
- The assignment of Resources, including work timings and start date will be agreed upon by both parties and documented in an email to Customer.
- Web Flow India will provide initial training, including instructions on how to communicate better, an introduction to Resource(s).
- Customer understands that each Resource will be a full time employee of Web Flow India. Customer will work directly with Resource and Customer will be solely responsible for the projects, and performance of any work product ("Work Product") developed by Resources for Customer.
- Customer may terminate assigned Resource at any time during the by providing a minimum 15 days notice for each Resource that needs to be terminated after the Trial period is over
- Customer will provide licenses to any 3rd Party software that the resource may require to complete the assigned task provided such software(s) are not already available with Web Flow India.
- Customer will be responsible for incidental expenses, mailing fees, travel expenses, and any other fees that may be incurred by Web Flow India or Resource on behalf of Customer in connection with this Agreement ("Project Expenses"), provided Customer gave prior approval for these expenses.
- Web Flow India will allocate sufficient Senior PHP Developers for the Customer.
Terms & Termination:
- Customer may terminate this Agreement at any time provided all Resource assignments have been terminated and any outstanding account balance has been paid in full.
- Web Flow India may terminate this Agreement or any part of the Cyber Help India services
- at any time in the event Customer defaults on any obligation hereunder, including non-payment of fees, and does not remedy such default within ten (10) days of notice thereof or
- Upon thirty (30) days written notice if Web Flow India terminates or significantly alters its product or service offering.
- Effect of Termination: Web Flow India will cease charging Customer for any new Service Fees after termination of this Agreement. Unless otherwise specified in writing by Web Flow India, Customer will not receive any refund for payments already made by Customer. If termination of this Agreement is due to Customer default hereunder, Customer shall bear all costs of such termination, including any reasonable collection costs or costs that Web Flow India incurs in closing Customer account. Upon termination, Customer shall destroy any copy of the materials licensed to Customer hereunder. Customer agrees that upon termination or discontinuance for any reason, Web Flow India may delete all information related to Customer on the Web Flow India Tools, if applicable. In addition to the terms set forth herein, certain Cyber Help India services may have additional terms regarding termination, which are set forth in the Resource Assignment Email.
Confidential and Proprietary Information:
- Each party shall keep confidential and not disclose to any third party or use, except as required by this Agreement, non-public information obtained from the other party; provided, however, that neither party shall be prohibited from disclosing or using information,
- That at the time of disclosure is publicly available or becomes publicly available through no act or omission of the party having a confidentiality obligation under this section,
- That is or has been disclosed to such party by a third party who is not under (and to whom such party does not owe) an obligation of confidentiality with respect thereto,
- That is or has been independently acquired or developed by such party, or
- To the minimum extent possible, as required by court order or as otherwise required by law, on condition that notice of such requirement by law or judgment for such disclosure is given to the other party prior to making any such use or disclosure.
- Web Flow India agrees that its employees and contractors working on Customer assignments have signed or will sign a non-disclosure agreement requiring at least the level of confidentiality specified above.
- Customer shall retain ownership of all data, software applications, tools, other intellectual property, etc. ("Customer Materials") supplied for use under this Agreement. Customer warrants that it either owns or has a valid license to use or have used Customer Materials provided to Web Flow India for use in performing services for Customer and grants a license to use such Customer Materials. Web Flow India agrees to restrict the use of Customer Materials to employees and contractors performing services for Customer and to return all Customer Materials upon request or completion of the assignment.
- Upon receipt of payment for the services provided, Customer shall own the software developed by Web Flow India for Customer under this Agreement ("Work Product"). Web Flow India agrees to perform, during and after performance of services, all acts deemed necessary or desirable by Customer, at Customer's expense based on Web Flow India' standard billing rates in effect at the time, to perfect and enforce the full benefits, enjoyment, rights and title throughout the world in the Work Product. Such acts may include, but are not limited to, execution of documents and assistance or cooperation in the registration and enforcement of applicable patents and copyrights or other legal proceedings. In the event that Customer is unable for any reason whatsoever to secure Web Flow India' or engineer's signature to any lawful and necessary document required to apply for or execute any patent, copyright or other applications with respect to any Work Product (including improvements, renewals, extensions, continuations, divisions or continuations in part thereof), Web Flow India hereby irrevocably appoints Customer and its duly authorized officers and agents as its agents and attorneys-in-fact to execute and file any such application and to do all other lawfully permitted acts to further the prosecution and issuance of patents, copyrights or other rights thereon with the same legal force and effect as if executed by Web Flow India.
- Web Flow India agrees that its employees and contractors working on Customer assignments have signed or will sign an agreement requiring at least the level of assistance specified above and agreeing that ownership of such Work Product transfers to Customer.
- Notwithstanding anything to the contrary in this Agreement, Web Flow India shall not be prohibited or enjoined at any time by Customer from utilizing any "skills or knowledge of a general nature" acquired during the course of performing the services specified under this Agreement. For purposes of this Agreement, "skills or knowledge of a general nature" shall include, without limitation, anything that might reasonably be learned or acquired on Customer assignment that could be used on similar work performed for other clients.