Windows .NET Application Development Programming Outsourcing India - Infragistics , Smart Clients, Composite UI, .NET 2.0 framework

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ASIAWEBMEDIA TECHNOLOGIES'S Service Agreement
Please read the service agreement and check the box below to agree to the terms of service.
Agreement: ASIAWEBMEDIA Technologies Agreement

Service Agreement

The online acceptance of these terms and conditions and submission of account setup information shall constitute an agreement 

("Agreement") between ASIAWEBMEDIA TECHNOLOGIES., a company or individual specified in the Customer Account ("Customer") 

effective upon submission of this online form ("Effective Date"). 

WHEREAS, Customer desires to utilize ASIAWEBMEDIA Technologies\'s products and services desires to provide such products and 

services to Customer.


BACKGROUND:
The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to 

provide services to the Customer.

The Service Provider is agreeable to providing such services to the Customer, on the terms and conditions as set out in this 

Agreement. 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the 

receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

Engagement
1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services consisting of 

information technology solutions, and such other services as the Customer and the Service Provider may agree upon from time 

to time (the \"Services\"), and the Service Provider hereby agrees to provide the Services to the Customer.

Term of Agreement
2. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until 

completion of the Services.

Performance
3. Both parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Compensation
4. a) Each week, ASIAWEBMEDIA Technologies will email Customer an invoice for the Service Fees and any Project Expenses. 

Any corrections to hours worked must be received in writing within one week of invoice date and any adjustments will be 

reflected in the following week's invoice. 
b) ASIAWEBMEDIA Technologies will charge the amount by western union or paypal, to cover the ASIAWEBMEDIA Technologies charges. 

c) Customer agrees to pay US$425 as a advance payment against hiring for the dedicated developer for the period of 15 days(80 hrs.)

d) Customer agrees to pay US$425 agreed by both parties to start a project in the event a deposit is required.

Late Penalties
5. The following penalties will be imposed on the Customer for failing to pay the Service Provider in a timely fashion. 

In the event that balance is not paid within three (3) working days, after the payment due date, a 10% late charge will be 

added to the remaining balance of the customer account.  Note, statements are sent out every Sunday at 2:00 A.M., and DUE 

that following Wednesday at 2:00 A.M.  Therefore, if payment is not received end of working day Monday, a late fee will be 

added in the amount of 10%.

Provision of Amenities
6. The Customer will not be providing the Service Provider with any amenities.

Legal Expenses 
7.  In the event that legal action is brought to enforce or construe any term of this Agreement, ASIAWEBMEDIA Technologies. 

will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with 

the action.

Notice
8. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be 

given in writing and either served personally, by email, by facsimile or by registered mail. The addresses for any notice to 

be delivered to any of the parties to this Agreement are as follows:
ASIAWEBMEDIA Technologies. - New Delhi, INDIA or to such other address as to which any party may from time to time notify the other.

Enurement
9. This Agreement will ensure to the benefit of and be binding upon the respective successors and assigns of the 

parties.

Titles/Headings
10. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this 

Agreement.

Gender
11. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the
feminine and vice versa.

Confidentiality
12. The Service Provider acknowledges that a material term of the Agreement with the Customer is to keep all confidential 

information belonging to the Customer absolutely confidential and protect its release to the public. The Service Provider 

agrees not to divulge, reveal, report or use, for any purpose, any confidential information which the Service Provider has 

obtained or which was disclosed to the Service Provider by the Customer.
The obligation to protect the confidentiality of the Customer\'s confidential information will survive the termination of this 

Agreement and will continue for a period of 1 year from the date of such termination.
The Service Provider may disclose any of the confidential information: 
a. to a third party where the Customer has consented in writing to such disclosure; and 
b. to the extent required by law or by the request or requirement of any judicial, legislative, administrative or other 

governmental body. However, the Service Provider will first have given prompt notice to the Customer of any possible or 

prospective order (or proceeding pursuant to which any order may result), and the Customer will have been afforded a 

reasonable opportunity to prevent or limit any disclosure.

Assignment
13. This Agreement is a personal one, being entered into in reliance upon and in consideration of the personal skill and 

qualifications of the Service Provider. The Service Provider will not voluntarily or by operation of law assign or otherwise 

transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer.

Capacity/Independent Contractor
14. It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in 

providing the Services hereunder. The Service Provider and the Customer acknowledge that this Agreement does not create a 

partnership or joint venture between them.

Modification of Agreement
15. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with 

this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each 

party.

Cancellation 
16. During the first week, you may cancel at any time, with no further commitment. After the first week, you may cancel for 

any reason with one week prior notice.  All charges for services rendered are non-refundable should you decide to cancel. 

Should you decide to cancel your project before its completion, no refund will be issued, and all charges are final.

Time of the Essence
17. Time will be of the essence of this Agreement and of every part hereof. No extension or variation of this Agreement 

will operate as a waiver of this provision.

Entire Agreement
18. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement 

except as expressed in it.

Severability
19. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in 

part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts 

severed from the remainder of this Agreement.

20. Independent Parties
For all purposes under this Agreement each party shall be and act as an independent contractor of the other and shall not 

bind nor attempt to bind the other to any contract. ASIAWEBMEDIA Technologies Solutions will be solely responsible for its income 

taxes in connection with this Agreement and Customer will be responsible for sales, use and similar taxes, if any. 

21. Confidential and Proprietary Information.
a) 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, (i) 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, (ii) 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, (iii) that is or has been independently acquired or developed by such party, or (iv) 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.
b) ASIAWEBMEDIA Technologies 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. 


Non-Solicitation Of Personnel
22. Customer will not directly or indirectly, during this Agreement and for a period of 2 years after its expiry or 

termination engage, employ, contract or otherwise work in any manner with, including without limitation as director, manager, 

agent or employee, any person who is or was employed or engaged by us. 

You acknowledge that this period is no greater than is reasonably required to protect the goodwill in the business. 

23. Agreement To Be Bound
By applying for ASIAWEBMEDIA Technologies service(s) through ASIAWEBMEDIA Technologies online signup process or otherwise, or 

by using the service(s) provided by ASIAWEBMEDIA Technologies under this Agreement, Customer acknowledges that Customer has 

read and agrees to be bound by all terms and conditions of this Agreement and documents incorporated by reference. 
Currency

24. Unless otherwise provided for, all monetary amounts referred to herein will be paid in US dollars.

Governing Law
25. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, 
and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of 
the law of any other forum, by the laws of the INDIA, without regard to the jurisdiction in which any action or special 
proceeding may be instituted.
Yes, I agree to the terms of the ASIAWEBMEDIA Technologies Agreement. Print agreement for your records . Please note that you will be charged a $425 as a advance payment for 15 days(80 Hrs.) hiring.
I Agree