Terms and Conditions

Please read these Terms and conditions of LevelUP before accessing the site. This site provides online access to information about the Company and our products, services and opportunities.

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Your access to and use of the Site depends on your acceptance and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not accept, do not use the site.

Service agreement

This Service Agreement governs and controls the work, project, letter of intent, or any other document executed between LevelUP or any of its affiliates and software development and consulting, to provide professional services or deliverables to the Client.

Payment Terms

The customer will make payment within 15 days after receipt of the invoice. In the event of non-payment of fees or expenses, the Consultant shall be relieved of his obligations under this Agreement and shall retain the rights to the services for which the amounts are payable. While rendering offshore services from the location(s) of the Consultant in India, the Consultant shall, if required, provide the hardware and software specified in Annexure-01 as part of its standard package. The contractor’s relationship with the Company is that of an independent contractor. Nothing in this Agreement shall be construed to create a joint partnership, joint venture, agency, or employer-employee relationship.

Approval of process and deliverables

The customer shall have seven (7) days after receipt of the Services or Deliverables (“Acceptance Period”) to complete the Acceptance Test following the Acceptance Criteria agreed in the SOW (“Acceptance Criteria”). The customer accepts the deliverables or services if no notice of conformity to the acceptance criteria is given during the acceptance period.

Confidentiality

Confidential information includes any information disclosed by one party to the other, including without limitation documents, business plans, source code, software, technical/financial/marketing/customer/business information, specification, analysis, design, and contains any information related to drawings, data, including party computer programs, employees, or affiliates, and information disclosed by third parties shall be marked as secret within 15 days of such Disclosure. 

However, confidential information shall not include any information that is

• Publicly known or falls in the public domain;
• Received by the receiving party from a third party, without breach of this Agreement;
• Was already in possession of the Recipient Party, without confidentiality restrictions, by the Disclosure Party at the time of the Disclosure;
• Disclosure is permitted in writing by the Disclosure Party;
• Developed independently by the receiving party without the use of confidential information;
• Any order or requirement of any court, administrative or governmental agency requiring Disclosure by the Recipient Party, provided that the Recipient Party shall forthwith give written notice of such order or requirement to the Disclosure Party and shall not contest or seek election; will give the opportunity.
• The Receiving Party agrees not to use or has otherwise agreed in writing any Confidential Information for any purpose other than to do business with the Disclosed Party.

Intellectual Property Rights

The customer shall have all rights, title, and interest in and to the Deliverables. The right, title, and interest in the Deliverables and the Deliverables will be passed on to the Client only upon receipt of full payment by the Consultant. To the extent that the deliverables include Consultant pre-existing intellectual property (“Consultant Pre-existing IP”), and such Advisory pre-existing IP is necessary for the proper performance of a permanent, non-exclusive grant to the Client, a worldwide, transferable, royalty-free license to use such advisor with pre-existing IP only deliverables.

Warranty

Except as expressly outlined in this Agreement, the parties disclaim all warranties, including, without limitation, applicable warranties of any kind, implied, statutory, or in any communication between them.

Liability limitations

The total liability of the parties under this Agreement whether in contract, tort including negligence, shall not exceed the fees paid to the Consultant under this Agreement. Notwithstanding the failure of an essential purpose of any limited remedy herein, the preceding limits of liability shall apply.

You understand and agree that you are personally responsible for your conduct on the Site. You will indemnify the Company, its affiliates, employees, agents and any third-party information providers from and against any claims, damages, costs, damages and expenses including, implied by, of course. You agree to indemnify, defend and hold the information providers harmless, consequential, exemplary and indirect damages), and reasonable attorney’s fees, that arise as a result of your use, misuse, or inability to use the Site or the Content, or your breach of these Terms.

To the maximum extent permitted by applicable law, the Company disclaims any and all representations, warranties and conditions in connection with the use of the Site and the Site including, without limitation, any security warranties, any warranties, as appropriate care and skill.

Termination of Contract

Either party may terminate the contract upon notice of sixty (60) days to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach is not corrected within 30 days from the date of notice. In the event of termination, the Consultant will be paid for the services rendered on a pro-rata basis.

Non-hire and non-solicitation:

During the term of this Agreement and for one (1) year thereafter, neither party may, directly or indirectly, terminate its relationship with such other party without prior written notice to any employee, consultant or adviser of the other party will not recruit or induce permission of the other party.