Terms and Conditions of Business
We recommend that you print these Terms and Conditions of Business for further reference.
- Scope: The following Terms and Conditions will apply exclusively to the current and future business relationships between The Digital Brains and you (“you” or the “customer”). Any additional or inconsistent terms issued by you, having any such terms and conditions set forth on a purchase order granted by you shall not be binding upon The Digital Brains unless Digital Brains gives its express agreement in writing.
- Complete Agreement: Any quotation or price information made available by The Digital Brains is without obligation and subject to change without notice unless a proposal has been designated as binding. Oral understandings between you, and The Digital Brains will require written confirmation by The Digital Brains and a contract between you and The Digital Brains will only become valid when it has been accepted in writing by The Digital Brains (e.g., confirmation of order, which will be final) or when the order is performed (e.g., delivery, download or connection by you of or to the software). As allowed by law, The Digital Brains reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and The Digital Brains each owe a duty to each other co-operate in order to give full effect to your agreement.
- Assignment: Unless clearly set forth in a written agreement between you and The Digital Brains, your obligations to The Digital Brains may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms and Conditions shall be binding on each party’s successors and assigns.
- Delivery: As permitted by law, The Digital Brain’s standard delivery terms are FOB origin.
- Prices. Unless otherwise indicated in writing by The Digital Brains, all prices are quoted in USD(For International Clients) & INR(Indian Clients) and are exclusive of all taxes and duties imposed by any governmental authority and freight and shipping charges, all of which shall be paid by you.
- Payment: Unless specifically set forth in a written agreement between you and The Digital Brains, payment for services from Digital Brains is net 30 days from the date of invoice. Overdue payments shall bear interest from the due date at the rate of the lower of one and 9 percent per month or the maximum rate permissible under applicable law.
- Warranty: Unless specifically set forth in a written agreement between you and The Digital Brains or as required by law, the services used by you are provided “as is” without any representation or warranty of any type, including without limitation, any warranty of non-infringement or fitness for a particular purpose.
- Partial Nullity: In the case that any provision of these Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and, in such case, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or indefensible provision within the limits of applicable law or court decisions.