Terms & Conditions

1 – GENERAL

These general terms and conditions apply to all legal relationships between DHAVAN LANGSOFT Pvt. Ltd. and the Client, and supersede any terms and conditions referred to, offered or relied on by the Client, unless DHAVAN LANGSOFT Pvt. Ltd. specifically approves the application of such terms in writing.

2 – QUOTATIONS, CONCLUSION OF CONTRACTS

2.1 Quotations and estimates issued by DHAVAN LANGSOFT Pvt. Ltd. are free of obligation.

2.2 DHAVAN LANGSOFT Pvt. Ltd. may revoke quoted prices or terms of delivery if it has not had the opportunity to assess the entire project prior to issuing the quotation. The Client’s oral or written acceptance of the quotation submitted by DHAVAN LANGSOFT Pvt. Ltd. or, if no quotation was submitted, written confirmation by DHAVAN LANGSOFT Pvt. Ltd. of an order placed by the Client shall constitute a contract.

2.3 DHAVAN LANGSOFT Pvt. Ltd. may consider as a Client any person or entity that has placed an order with DHAVAN LANGSOFT Pvt. Ltd., unless said person or entity has explicitly stated that they are acting on behalf and at the expense of a third party, whose name and address they shall provide DHAVAN LANGSOFT Pvt. Ltd. on placing the order.

2.4 Agreements with and promises made by representatives or personnel of DHAVAN LANGSOFT Pvt. Ltd. shall not be binding unless confirmed by DHAVAN LANGSOFT Pvt. Ltd. in writing.

2.5 Any reasonable doubt on the part of DHAVAN LANGSOFT Pvt. Ltd. about the Client’s ability to pay shall entitle DHAVAN LANGSOFT Pvt. Ltd. to require sufficient security from the Client before executing the order.

3 – TERM AND DATE OF DELIVERY

3.1 Delivery dates are provisional, unless an explicit written agreement stipulates otherwise. DHAVAN LANGSOFT Pvt. Ltd. shall notify the Client immediately if it perceives that it will be unable to meet an agreed delivery date.

3.2 If a fixed delivery date is specifically provided for in writing and DHAVAN LANGSOFT Pvt. Ltd. fails to meet it for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to brook any delay, the Client shall be entitled to cancel the contract. In such cases, however, DHAVAN LANGSOFT Pvt. Ltd. shall not be liable to pay any damages whatsoever.

4 – LIABILITY, INDEMNITY

4.1 DHAVAN LANGSOFT Pvt. Ltd. shall not be liable for any damage whatsoever in respect of any inconsistency or ambiguity of service rendered. DHAVAN LANGSOFT Pvt. Ltd. shall under no circumstance be liable for other forms of damage, such as consequential damage, loss of profits or losses due to delays. DHAVAN LANGSOFT Pvt. Ltd. liability shall never exceed the invoice amount of the project in question.

4.2 Ambiguity of the content provided by the client shall release DHAVAN LANGSOFT Pvt. Ltd. from any liability whatsoever.

4.3 The decision whether the use of a project (including text to be translated/edited or the translation/edited version thereof) produced by DHAVAN LANGSOFT Pvt. Ltd. entails any risk of injury or losses due to injury shall be entirely at the Client’s expense and risk.

4.4 No liability whatsoever shall be incurred by DHAVAN LANGSOFT Pvt. Ltd. in respect of damage to or loss of documents, data or data carriers provided by the Client to facilitate the contract’s execution. Nor shall any liability be incurred by DHAVAN LANGSOFT Pvt. Ltd. in respect of costs and/or damage incurred as a result of (a) the use of information technology and telecommunications media, (b) transport or dispatch of data or data carriers, or (c) the presence of computer viruses in any files or data carriers supplied by DHAVAN LANGSOFT Pvt. Ltd.

4.5 DHAVAN LANGSOFT Pvt. Ltd. liability shall never exceed the value of the quotation per event.

4.6 The Client shall indemnify DHAVAN LANGSOFT Pvt. Ltd. against any claims by third parties deriving from use of the service, barring any liability incurred by DHAVAN LANGSOFT Pvt. Ltd. by virtue of this clause.

5 – COPYRIGHT

5.1 Barring explicit, written agreement to the contrary, the copyright to any work or material produced by DHAVAN LANGSOFT Pvt. Ltd. shall rest with the same.

5.2 The Client shall indemnify DHAVAN LANGSOFT Pvt. Ltd. against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the execution of the contract.

6 – GOVERNING LAW & JURISDICTION

6.1 This Agreement and any dispute arising out of this Agreement is governed by and shall be construed in accordance with the laws of INDIA. The parties hereto agree and submit that any matter, issues or all their disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of India at New Delhi.