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Terms & Conditions of Braincuber Technologies
We at Braincuber Technologies provide our clients with IT development as well as outsourcing services for the same. This comprises the placement of remote contractors.
The Client chose Braincuber Technologies or is willing to choose Braincuber Technologies for the services it provides.
The services will be provided by Braincuber Technologies to the Client according to the Terms and Conditions of this Service Agreement.
Definitions and Explanations for this Agreement Schedule
1. Provide meaning and Definitions for this Service Agreement.
2. Agreement
The terms and conditions of the Braincuber Technologies website provide the system of day to day activities like the request for service by the client, selecting or hiring Braincuber Technologies employee or developer or any other person with the correspondence of Braincuber Technologies and perform routine activities with respect to this contract.
The nature of this agreement does not form any type of employment between the Client and Braincuber Technologies and is accepted by the Client and agreed.
The responsibility to choose the suitable Braincuber Technologies employee or developer rests with the Client. The hiring is done for independent service providers on the basis of applicable local guidelines or as deemed fit by Braincuber Technologies.
No authority is provided to any Braincuber Technologies employee or developer to enter into the agreement or contract in any form on behalf of Braincuber Technologies. The agreement does not create any type of partnership between the Client and Braincuber Technologies or its Employee or its Developer.
This agreement is or will be applicable on monthly basis and will commence on the starting date as agreed upon mutually by Braincuber Technologies and the Client. The agreement will continue until concluded in accordance with Clause 12.
The time for the payment to be made to Braincuber Technologies is provided in Schedule 1 and as per the requisite terms and conditions mentioned on the Braincuber Technologies website.
The provisions mentioned in the Schedule 1 are a part of and are applicable in this Agreement.
Liability Declaration
In case of any loss, damage, costs or compensation occurring direct or indirect to the Client, no liability shall be incurred by Braincuber Technologies. Following cases are included but not limited to:
Any deferral in introduction of Braincuber Technologies employees or developers by Braincuber Technologies.
The event of non-acceptance of an offer or an assignment by Braincuber Technologies or its employees and developers.
Related to the performance of a Braincuber Technologies employee or developer.
With respect to the following events of loss or claims the Client has to pay indemnity to Braincuber Technologies:
Any injury to a Braincuber Technologies employee or developer while performing his/her duties for the Client.
Property damage while performance of duties by a Braincuber Technologies employee or developer
No Client of Braincuber Technologies can offer any work or assignment to Braincuber Technologies employee, friends, members, referrals or network without the prior consent and approval of Braincuber Technologies
No information exchange and communication regarding the pricing and payments between Braincuber Technologies and its employees or developers shall be permitted.
Intellectual Property
All the material prepared by the Braincuber Technologies employee and developer will be owned by the Client and Intellectual Property Rights for any such work shall confer with the Client.
Termination
Braincuber Technologies may immediately (or with effect from any later date it may seem fit) terminate if:
The Client breaches this agreement and does not remedy or solve such breach within 5 Business Days.
The Client becomes insolvent.
Schedule 1 – Fee Structure
Systematic Billing System
If the Client selects and appoints a Braincuber Technologies employee or developer, the Client must use the Systematic Billing System
The Client must pay Braincuber Technologies for the services in advance by using either of the following options:
Prepaid payments
Regular monthly payments
Credit Card Online Payment
Direct Debit of Credit Cards and Bank Accounts
Electronic Fund Transfer
Each payment is to be made in advance or on an agreed monthly date.
The Clients can make payments via Electronic Fund Transfer (EFT) into Braincuber Technologies INR bank accounts.
If there are any overtime payments due, the amount of overtime is chargeable to the Client and will be included in the following month’s invoice.
The Client at any time may request a refund of the amount held within 2 week refund processing period.