Terms & Conditions

Terms & Conditions

Our Static Enumerations

  • Magicmind Technologies Limited is dedicated to provide its clients with ITes and outsourcing services that focus on brainstorming, development, designing, and integration of software, applications, and all types of websites. Also, we offer brand building, value-added services, and business process optimization.
  • Magicmind Technologies Limited provides its clients with outplacement of remote and independent contractors. Clients have asked to offer its tender to the clients for the placement of contractors.
  • Magicmind Technologies Limited provides its services to the clients, abiding by the terms and conditions as mentioned in this Service Agreement. Proper actions are taken if any party violates either of these stipulations.

Service Agreement: Read, Accept, and Proceed

1. REGULAR OPERATION OF THIS AGREEMENT

1.1 The client may engage Magicmind by making a Request for Service and other day-to-day proceedings pursuant to this agreement. These are defined within the Terms and Conditions section of Magicmind website, which by incorporation takes the shape of our service contract.


1.2The client must acknowledge that entering into any contract with Magicmind Technology Limited requires an acceptance of this service Agreement. These Terms and Conditions don’t build, establish, or otherwise constitute any agreement of employment relationship with Magicmind. The client bears all liability for classifying Magicmind Employees as autonomous contractors based on any pertinent local guidelines. This Service Agreement doesn’t promote any agency or partnership relation between Magicmind Clients and Employees, who are devoid of any authority to enter into a verbal or written bond on behalf of the client.

2. SERVICE TERMINATION

2.1. Either of the parties may immediately or with effect from any nominated date can terminate the indenture by written notice if:

  • The other party breaches the contract between the respective parties and fails to resolve the breach within 5 business days from the date of notice that specifies the violation and importance of remedial.
  • A controller, receiver, administrator, liquidator or other likely person is appointed for the entire or substantially the whole assets, business, or undertakings of the inequitable party.
  • A security held is enforced by a mortgagee in respect of the inequitable party’s business, undertakings or assets.
  • A scheme of bargain enters between the inequitable party and its creditors or if the inequitable party is insolvent and unable to disburse the debts.

2.2. Provisions of this service agreement will outlast its termination if they are capable of exhibiting effect.


2.3. The termination or expiry of the contract will never limit or affect any accrued rights of the either parties.


2.4. Upon termination:

  • The client will strictly return all the Magicmind’s copies of intellectual property rights, confidential data, or any other information that has been provided to client during the contract.
  • Magicmind will hand over all the confidential information, copies of intellectual property, and other necessary records to the clients that have been received during the process based on the service agreement.

3. CONFIDENTIAL INFORMATION & DUTY OF CONFIDENTIALITY

3.1. Confidential information includes, but not restricted to, any information which associates with business, operation, processes, communications, methodology, techniques, information, pricing, services, programming, strategies, or any other relatable information that Magicmind acquired during the term of this agreement.


3.2. Both Magicmind and its employees acknowledge the fact that during client interaction they may have access to client’s confidential information.


3.3. Magicmind and its employees undertake and warranty of not disclosing, using, or otherwise dealing with any confidential information as shared from the client’s end, except for any Disclosure Obligation:

  • With the pre-written consent of the client
  • When required from legal perspective
  • With the intent of providing service

3.4. These should be done when a Disclosure Obligation occurs:

  • The party who is subject to the Disclosure Obligation must report to the other party in writing, mentioning the specific clauses. If this seems impractical, then authentic reasoning must be conveyed to the concerned party.
  • The party subjected to Disclosure Obligation should make reasonable endeavors to restrict and preserve the confidentiality of the confidential information that has been disclosed to specific areas because of Disclosure Obligation.
  • Before disclosure of any confidential property, both the parties must consult with each other regarding the endeavors to agree with the content to be announced by any party that is subject to Disclosure Obligation.
  • Either of the party can be subject to legal proceedings if they disclose any confidential information without prior written consent from the other party that has shared the confidential information during the term of the contract.

3.5. On the termination of service agreement between both the parties, or if required by any party to do abruptly, Magicmind returns every received confidential information to the client and destroys or deletes each of the copies of such material that is still in possession. Magicmind employees are strictly advised of immediate handover of all the existing tasks.

4. INTELLECTUAL PROPERTY

4.1. During the term of contract, all products developed by Magicmind solely and wholly belong to the client and the tenure of Intellectual Property Rights should vest in the client. All information associated with client’s website, users, customers and other relatable information are the exclusive assets of the client.


4.2. On termination of the service agreement, Magicmind employees must immediately return all the assets given by Magicmind clients so that it can be delivered to the customer subject to payment of freight modifications by the client.


4.3. Magicmind, Magicmind employees, and the client must acknowledge and agree to the fact that neither of the parties can use, re-use, publish, distribute, license, sub-license, create derivative work, reproduce, copy, communicate or supply any intellectual property right that belongs to the other party (only if not required by the law).

5. WARRANTIES

Magicmind and its clients mutually represent and warrant that:

a. There are no pending investigations, proceedings, claims, threats, and actions against or by it that may have a significant material effect on the service agreement.


b. It has all consents, permits, approvals, authorizations, and licenses that may be required by all the applicable existing regulations and laws in order to perform the needful under this contract and complies with the pertinent performance of the legal obligations.


c. It has already provided or guarantees to provide its contractors, sub-contractors and employees with appropriate training procedures and information to ensure constant compliance with Magicmind’s service agreement, privacy policy, and other relevant laws.

6. NO MAGICMIND LIABILITIES

6.1. Magicmind is not liable for any damage, loss, or compensation (whether direct or indirect) which the client may have suffered or for which the client may become liable, rising from:

  • The introduction of Magicmind employees by Magicmind to the client (or any delay in such introduction).
  • The failure of any Magicmind employee in accepting an offer of a project.
  • The performance of any Magicmind employee who has accepted an assignment in collaboration with the client.

7. DURATION

7.1. The service agreement will instigate on and from the commencement date and will continue until terminated by either parties based on aforementioned clause 2.

8. CLIENT’S COMPENSATION TO MAGICMIND

8.1. Client is subject to compensate Magicmind in respect of loses, claims, or liabilities arising related to or from:

  • Any omissions or injuries suffered by Magicmind employees while performing client’s obligation during the term of contract.
  • Any damage to company assets while performing any client’s obligations by a Magicmind employee.

8.2. The client indemnifies Magicmind for any claims by a Magicmind employee that surfaced from the termination of the service agreement by the client and/or any breaches of any applicable laws in any jurisdiction in which Magicmind employee may provide or operate the services.

Regular Billing System

1. The client must employ the regular billing system if he or she chooses and appoints a Magicmind employee:

  • After the completion of the trial period
  • On any basis except for the trial basis
  • Pursuant to the Request for services

2. The Regular Billing System is applicable to the clients who select a Magicmind employee at monthly rates on an exclusive basis.

3. The client must pay Magicmind for the services in advance using either prepaid or regular monthly payments via credit card, debit card, bank accounts, electronic fund transfer.

4. Each payment must be initiated in advance and/or completed on the fixed agreed monthly date.

5. If there’s any overtime due payment, the chargeable amount will be included in the invoice of the following month.

We request you to read our terms and conditions carefully before making any investment.