The following standard Terms and Conditions are for consultancy work provided by www.breakint.com.
“The Client” or “the Client” or “the Client’s” refers to a customer that has signed a permanent or ad-hoc Contract of Service with the breakint.
“The Company” or “the Company” or “the Company’s” refers to the breakint.
“The Terms of Engagement” means the written proposal submitted to the Client by the Company.
The Client agrees to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the Company’s website site https://www.breakint.com (the “Site”). This Agreement constitutes the entire and only agreement between the Company and the Client. This Agreement may be amended by the Company from time to time without specific notice to the Client. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
All policies, rules and regulations are the final decision of the Company. The Company reserve the rights to modify, add or change any policies as the Company deem necessary at any time. The Client agrees that it will not hold the Company liable for any items or policies within this program.
The Client agrees to pay the charges and expenses in accordance with the provisions of the Terms of Engagement.
All sums due from the Client which are not paid on the due date shall bear the late payment surcharges of 5% per day of the total due payments.
During any period in which payments from the Client are overdue, the obligations of the Company may be suspended.
The Company accepts the project payments as per following criteria:
| S.No |
Description |
Percentage of Total Amount to Pay |
| 1 |
After project requirements are finalized. |
25% |
| 2 |
After half of the project is completed |
50% |
| 3 |
When the project is completed |
25% |
All domain and hosting registration fees are non-refundable, in whole or in part, even if the Client’s domain name registration is suspended, cancelled.
The Company’s refund policy is defined as follow:
| S.No |
Description |
Percentage of Total Paid Amount to be Refunded |
| 1 |
If the requirements are finalized |
75% |
| 2 |
If the design is finalized |
50% |
| 3 |
If the development has started |
25% |
The Company undertakes not at any time to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the Client other than to sub-contractors who have signed an appropriate secrecy undertaking or others where the Client has expressly or impliedly consented to the disclosure.
The Company undertakes not to cause or permit anything which may damage or endanger the intellectual property of the Client or the Client’s title to it or assist or allow others to do so.
The Company shall not be liable to the Client for any direct, indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to use of the Company’s services.
In purchasing hosting and domain names on behalf of the Client, the Company is acting solely as the Client’s agent and the Company accepts no responsibility for the continuance or otherwise of that registered domain name and hosting.
The Company is not responsible for any backups and data loss.
The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on servers.
The following obligations are conditions of this agreement and any breach of them shall entitle the party to terminate this agreement by immediate written notice and the rights and liabilities of the parties shall then be determined with accordance to clause 10:
Failure on the part of the Client to make punctual payment of all sums due to the Company under the terms of this agreement.
The doing or permitting of any act by which the Company’s rights in any intellectual property may be prejudiced or put in jeopardy.
Any serious or persistent breach by the Client of its obligations hereunder.
In the event of this agreement being terminated whether by effluxion of time, notice, breach or otherwise and without prejudice to any other remedy available to the Company the Client shall immediately pay to the Company:
any sums due under the terms of this agreement.
The Company and the Client undertake to work together to complete Project within the timeline defined in the specification. The Company will inform the Client on the project progress and will always endeavor to meet the defined milestones. The Client must also provide all required information/data on time. Failure to provide it within 15 days of the specified timescale will be sufficient grounds for the Company to cancel the agreement and retain any deposits or stage payments made thus far as cancellation fees.
The Company will use its hyperlink reference (“Designed and Developed by breakint”) on the Client’s project.
If the Client wants to remove this hyperlink reference, the Client will pay 5000 USD (United States Dollars) or 50% of the project cost whichever is greater to the Company.
All intellectual property rights including copyright which are capable of existing in any documents, computer software or information or (without limit) other materials created or provided pursuant to this contract by the Company shall be and remain the Company’s property.
The Client undertakes to keep all materials, documents and information provided to it by the Company confidential to itself and its employees and not to distribute any product of the services provided hereunder to any third party without the Company’s prior written consent.
Any materials produced or supplied to the Client by the Company in which intellectual property rights are capable of subsisting shall be licensed to the Client for internal use only in connection with the purposes of the terms of reference and such licence shall forthwith terminate if notice is given by the Company terminating this contract pursuant to clause 9.
The Client and the Company undertake with each other not during the course of this contract to infringe the intellectual property rights of any third party.
The Source code and the related files are the property of the Company. If the Client wants to get these files, the Client will pay 10,000 USD or 50% of the project cost whichever is greater to the Company.
Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this agreement impossible, whereupon all money accrued due under this agreement shall be paid.
The Company will provide 3 months of free support after the project is completed.
The support period will include only bugs fixing. Any changes to the design, functionality or addition of more functionality will cost extra charges defined by the Company and agreed by the Client. The Client will pay the extra cost as per agreed schedule.
The Company has the right to use the positive testimonials provided by the Client on its website, social media, and other means.
Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.
The Company shall not be subject to directions from the Client as to the way he or she shall perform his or her work.
The Company shall be entitled to sub-contract any of its rights or duties under this agreement.
The Client shall not be entitled to withhold payment of any sum otherwise payable to the Company by reason of any claim, set-off or for damages in relation hereto.
Quotations are valid for 15 days from the start date of the proposal.
VAT at the standard rate (if applicable) will be applied to all fees and expenses.
