Terms and Conditions of Service
Understanding the need to agree to the terms and conditions of Harnix Tech ( hereinafter referred to as “the company”) before going into business with us and in order to relieve Harnix Tech of any future liability that may arise as a result of this engagement, is the reason this Terms and Conditions must be read and agreed to before proceeding.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
AGREEING TO USE THE Harnix Tech PLATFORM, PRODUCTS OR SERVICES.
BY USING THE HARNIX TECH PLATFORM, PRODUCTS OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE OUR SERVICES, CLICK ACCEPT AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, TICK “DISAGREE”.
Our Terms and Conditions is intended to give you an overview of the following clauses as relevant to you:
Clause 1 – APPLICABILITY
These Terms and Conditions apply to all offers / price quotations made by Harnix Tech to a party to whom Harnix Tech has declared these Terms and Conditions applicable (“Customer”) and all contracts between Harnix Tech and such Customer. Only Harnix Tech’s Terms and Conditions shall apply.
Clause 2 – OFFERS / PRICE QUOTATIONS
1. Offers / Price Quotations by Harnix Tech are based on information provided by the Customer and except as otherwise indicated remain valid for a period of 7 to 30 days (seven to thirty days) after the date of sending.
2. All charges & prices for services carried out by the Company are subject to VAT (where applicable) at the prevalent rate.
3. Offers / Price Quotations can only be binding on Harnix Tech if a written notice of appearance is sent by the customer to Harnix Tech within 14 days.
4. If at any point during the design or development cycle a Customer wishes to cancel, the Customer is to work alongside Harnix Tech until satisfactory work is done. Harnix Tech does not process refunds to Customers.
Clause 3 – THIRD PARTY & INTELLECTUAL PROPERTY ACKNOWLEDGMENT
1. Portions of Harnix Tech Product utilise or include third party Licences and other copyrighted material. Please observe those third-party rights when you see them and accord them the same intellectual property (IP) rights as you would to Harnix Tech’s IPs.
2. The Company cannot guarantee the Customer exclusivity of any marketing concept, strategy, design or other intellectual property
provided. Therefore, the Company will not accept liability for any alleged claim from the Client or any Third Party as the result of
unintentional similarity in part or whole of a Third Party’s copyright protected or registered trademark or brand, identity, strapline, colour usage, image style and content, product or otherwise.
3. It remains the Customer’s responsibility to seek copyright protection if desired for any creative/intellectual property provided to the Customer by the Company.
4. By supplying images, text, or any other data to the Company, the Customer grants the Company permission to use this material freely in the pursuit of the design.
5. All creative work produced (including words, pictures, ideas, visuals and illustrations) and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of Harnix Tech unless specifically released in writing and after all release costs have been settled.
6. The Customer agrees to fully indemnify and hold the Company free from harm in any and all claims resulting from the Customer in not having obtained all the required copyright, and/or any other necessary permissions.
Clause 4 – DATA PROTECTION
Clause 5 – TECHNICAL AND OTHER REQUIREMENTS
If the designs/creative works created by Harnix Tech is intended to be used outside Nigeria, Harnix Tech is not obligated to comply with all technical requirements and related standards prescribed by the laws and regulations of the country of use, except where such has been adequately provided for and confirmed by Harnix Tech.
Clause 6 – DESIGNS FOR PRODUCTS OR SERVICES
As precise as we try to get in the designs drafted and made for our customers, these designs will not be binding on Harnix Tech as changes can be made to the extent of its necessity to fulfilling our obligations. As a customer you also have an obligation not to disclose nor use any information of Harnix Tech as regards the context of the contract, ideas or plan about the designs used, to any third party.
Clause 7 – NON-CONFORMITY
If Harnix Tech supplies designs or services, which deviate materially from the designs or service agreed between the parties, the Customer may rescind the contract. But the rescission will only be as of right, if the non-conformity of the design or service to their presentation or documentation arises from applicable statutory or regulatory requirements or actually means an improvement.
Clause 8 – TERMINATION OF THE CONTRACT
Termination will take place if:
A. Harnix Tech finds the customer not to be compliant with its obligations, especially after having received written notice of default.
B. Any circumstances occur that adversely affect persons and/or materials generally involved in the performance of the contract or of such nature that Harnix Tech can no reasonably perform the contract, and upon mutual evaluation of performance or non-performance of the party, Harnix Tech may rescind.
Clause 9 – PAYMENT & TRANSACTIONS
1. Amount due and the manner in which to be paid shall be specified by Harnix Tech. It shall be paid on time and in full by the customer.
2. Customers are to pay 60% of amounts due for designs, products ormservices upfront and 40% balance as soon as projects are completed.
Failure to remit 40% balance to Harnix Tech within a week of project completion, shall lead to a total take down of such a project and a forfeiture of the 60% paid upfront by the Customer.
Clause 10 – WORK
i. Work will be charged to the Customer on the basis of hours worked and the costs of materials.
ii. Work shall be deemed completed by/to the customer if it has been duly assembled and a written notice is sent by Harnix Tech.
iii. Harnix Tech does not accept any liability whatsoever for designs or services not provided by or on the instructions of Harnix Tech.
Clause 11- LIABILITY
1. The Customer indemnifies and holds Harnix Tech harmless from any and all loss and damage resulting for Harnix Tech from any
third-party claims related to or arising from the contract between Harnix Tech and the Customer.
2. Where a third-party website, products or services is linked to Harnix Tech or to Harnix Tech’s services, in which case thereof not owned or controlled by Harnix Tech, Harnix Tech shall not be held responsible for any content or services of such third-party website. Any loss or damage arising from use of such third-party website or services shall not be the responsibility of Harnix Tech, whether directly or indirectly.
Clause 12- AMENDMENT
Harnix Tech may amend these Terms and Conditions of Use and Service from time to time.
Reasonable steps shall be taken to advise customers of changes to these Terms and Conditions.
Clause 13- COMPLAINTS PROCEDURE
If you have a question or complaint about any product or service, please contact us on email at [email protected] and ensure to read the detailed Terms and Conditions before signing or clicking on ‘Agree’.
Clause 14- JURISDICTION AND DISPUTE RESOLUTION
This terms & conditions is governed by the laws of Nigeria and in case of any dispute, it shall be resolved by dialogue or a court of law with non-exclusive jurisdiction.