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TERMS AND CONDITIONS:- 

DEFINITIONS:- 

  • "SOFTWARE” shall mean the computer programs in computer programs in computer machine readable object code form and any subsequent error corrections or updates supplied to sponsor by Niza Global solutions to the current agreement.

 

  • "ACCEPTANCE CRITERIA" means the written documentation standards set out in the project proposal and technical and operational performance and functional criteria.[Project Plan Document].

 

  •  "ACCEPTANCE DATE" means  [the date for each milestone when all deliverables included in that milestone have been accepted by sponsor in accordance with the Acceptance Criteria and this Agreement].

 

  • "DELIVERABLE" means a deliverable specified in the project plan.

 

  • “DELIVERY DATE" SHALL mean, with respect to a particular milestone, the date on which NIZA GLOBAL SOLUTIONS has delivered to sponsor all of the Deliverables [for that milestone] in accordance with [the project plan and the agreement].

 

  • "DOCUMENTATION" means the documents, manuals and written materials (including end - user manuals) referenced, indicated or described in [the project plan] or otherwise developed pursuant to this agreement.

 

  • "MILESTONE" means the completion and delivery of all of the Deliverables or other events which are included or described in the project plan scheduled for delivery and/ or completion on a given target date; a milestone will not be considered completed until the Acceptance Date has occurred with respect to all of the Deliverables for that Milestone.

 

OUR LIABILITY:-

  • THE BUSINESS SHALL NOT BE LIABLE TO THE CUSTOMER
    FOR ANY LOSS OR DAMAGE WHATSOVER OR HOWSOEVER CAUSED
    ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS
    AGREEMENT EXCEPT TO THE EXTENT TO WHICH IT IS UNLAWFUL TO
    EXCLUDE SUCH LIABILITY.

 

  • NOTWITHSTANDING THE GENERALITY OF CLAUSE 1 THE BUSINESS
    EXPRESSLY EXCLUDES LIABILITY FOR CONSEQUENTIAL LOSS, DAMAGE,
    OR CORRUPTION TO ANY WEBSITE OTHER SOFTWARE OR DATA, OR FOR
     LOSS OF PROFIT, BUSINESS, REVENUE, GODWILL OR ANTICIPATED
    SAVINGS.

 

  • IN THE EVENT THAT ANY EXCLUSION CONTAINED IN THIS
    AGREEMENT SHALL BE HELD TO BE INVALID FOR ANY REASON AND THE
    BUSINESS BECOMES LIABLE FOR LOSS OR DAMAGE THAT IT MAY
    OTHERWISE HAVE BEEN LAWFUL TO LIMIT, SUCH LIABILITY SHALL BE
     LIMITED TO THE COST OF THE SERVICES.

 

  • THE BUSINESS DOES NOT EXCLUDE LIABILITY FOR DEATH OR
    PERSONAL INJURY TO THE EXTENT ONLY THAT THE SAME ARISES AS A
    RESULT OF THE NEGLIGENCE OF THE BUSINESS ITS EMPLOYEES,
    AGENTS OR AUTHORISED REPRESENTATIVES.

 

INDEMNITY:-

  • THE CUSTOMER AGREES TO INDEMNIFY AND SAVE HARMLESS AND DEFEND AT ITS OWN EXPENSES THE BUSINES FROM AND AGAINST ANY AND ALL CLAIMS OF INFRINGEMENT OF COPYRIGHT, PATENTS, TRADE MARKS, INDUSTRIAL DESIGNS OR OTHER INTELLECTUAL PROPERTY RIGHTS AFFECTING THE SUBJECT OF THIS AGREEMENT AND BASED UPON THE CUSTOMERS CONTRIBUTION TO IT.

 

  • THE BUSINESS AGREES TO INDEMNIFY AND SAVE HARMLESS AND DEFEND AT ITS OWN EXPENSES THE CUSTOMER FROM AND AGAINST ANY AND ALL CLAIMS OF INFRINGEMENTS OF COPYRIGHT, PATENTS, TRADEMARKS,, INDUSTRIAL DESIGNS OR OTHER INTELLECTUAL PROPERTY RIGHTS AFFECTING THE SUBJECT OF THIS AGREEMENT AND BASED UPON THE BUSINESS CONTRIBUTION TO IT...

TERMINATION OF DEFAULT:-

DEFAULT BY THE BUSINESS

THE CUSTOMER MAY BE WRITTEN NOTICE TERMINATE THIS AGREEMENT OR SUSPEND ITS PERFORMANCE OF ALL OR ANY OF ITS OBLIGATIONS UNDER IT IMMEDIATELY AND WITHOUT LIABILITY FOR COMPENSATION OR DAMAGES IF:

      

  • THE BUSINESS FAILS TO REMEDY ANY BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT WHICH IS CAPABLE OF BEING REMEDIED WITHIN A REASONABLE TIME AFTER THE  BREACH IS BROUGHT TO ITS ATTENTION BY WRITTEN NOTICE FROM THE CUSTOMER

 

  • THE BUSINESS COMMITS SERIOUS OR PERSISTENT BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT, WICH ARE NOT CAPABLE OF BEING REMEDIED.