This page contains the Terms and Conditions governing your use of the www.cyberhelpindia.com web Site and its services. Please read this page carefully. By submitting the enquiry form or by hiring any resource from Cyber Help India, the client agrees to accept the following terms and conditions.
Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use this service.
Cyber Help India provides individual remote workers including remote designer ("Resources"):
Each party shall indemnify and hold harmless the other party (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred as a result of any claim, judgment, or adjudication arising from a claim that use of that party's software, or its use of third party software, infringes upon the intellectual property rights of a third party. To qualify for such defense and payment, the party must:
- Give the other party prompt written notice of a claim; and
- Allow that party to control, and fully cooperate with it, in the defense and all related negotiations.
Should any provision here of be deemed, for any reason whatsoever, to be invalid or inoperative, such provision shall be deemed severable and shall not affect the force and validity of other provisions of this Agreement.
This Agreement, including the Customer Account information and Resource Assignment Email(s), sets forth the entire understanding of the parties as to the subject matter therein and may not be modified except in a writing executed by both parties. Any notices in connection with this Agreement must be in writing and sent by first class mail or equivalent, confirmed facsimile or major commercial rapid delivery courier service for Customer to the address specified in the Customer Account or to Cyber Help India at 40, Swamiji Sarani, Near Vivekananda School Hakimpara, Siliguri, West Bengal, 734001 or such other address as may be properly specified in a subsequent written notice.
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. Cyber Help India 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.
Non-Solicitation of Personnel
During the term of this Agreement, and for a period of one (1) year thereafter, Customer will not directly or indirectly solicit the employees or contractors of Cyber Help India without the prior written consent of Cyber Help India.
This contract and any dispute arising hereunder shall be governed by the laws of India without regard to principles on conflicts of laws.
The parties irrevocably submit to the exclusive jurisdiction of the courts of India for the purpose of hearing and determining any suit, action or proceedings or settling any disputes arising out of or in connection with this agreement and for the purpose of enforcement or any judgment against their respective assets.
The Contracts (Right of Third Parties) Act 1999 shall not apply to this agreement and no person other than the parties to this agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.
Agreement to Be Bound
By applying for Cyber Help India service(s) through Cyber Help India online signup process or otherwise, or by using the service(s) provided by Cyber Help India 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.
Neither party undertakes any responsibility if it is prevented from performing its obligation due to sickness, accident, death of its employees or Consultants or any other cause beyond the control of such party.