This Agreement, applies to all users on the Techchak platform (The platform) irrespective of license and intent.
Customer and Techchak are parties to this agreement and any associated amendments, under which customer obtains, perform, or execute services on the platform. Users voluntarily agrees to the terms below:
This applies where users enter the platform for whatever reasons whatsoever. This includes where Techchak processes personal data as a processor or sub-processor as applicable, on behalf of customer. This agreement further applies with regards to any individual or business that uses the platform for any reason including but not limited to individual or group projects, reviews, mentoring, hiring, apprenticeship, and so on.
The Managed Services to be provided by Techchak and the platform are as follows:
Techchak warrants that its personnel performing managed services have the necessary knowledge, skills, experience, and qualification to perform the services mentioned above and the services will be performed in a professional manner in accordance with generally accepted industry standards. If any material portion of the services do not conform to the foregoing warranty the aggrieved party must within twenty (20) days of completion of the services notify Techchak and allow for it re-perform the nonconforming services in a manner that is timely in light of the circumstances. Techchak is not responsible for nonconformities arising from inaccurate or incomplete data or information provided by any customer or third party, or for failures or delays arising from lack of cooperation.
During the period for which the applicable service fee has been paid, Techchak will provide services in accordance with its prevailing service level agreements, provided that during the initial duration of the services described, there shall be no changes to the service level agreement which diminishes the substance of such agreement without the consent of the party impacted by such change.
Techchak’s products are limited to all services provided and available on the platform including, but not limited to the pertinent user documentation, the periodic updates, error corrections, enhancements, and new releases or access provided on the platform. The platform is owned and operated by Techchak and or its licensors.
In consideration of the fees paid by individuals or entities, and subject to the terms and conditions of this agreement, Techchak grants in exchange for payment a nonexclusive, nontransferable license to use the platform and all related software for the specific purpose intended, and for the time period specified in any applicable order only for the paying individual and/or entity’s operations and benefit. All parties granted license after payment must implement appropriate safeguards and controls to prevent unauthorized use of the platform and loss or disclosure of the license. A license does not grant any party the authority to copy, modify, transfer, or distribute any information, material, project, or ideas on the platform; and further does not grant the authority to sublicense, rent, lease, or sue the platform in a service bureau, on-line or time-sharing environment.
THE REMEDIES AND WARRANTIES IN THIS AGREEMENT ARE EXCLUSIVE AND REPLACE ALL OTHER REMEDIES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Customer data, as used in this agreement, means information that is disclosed in the platform by any customer in connection with the provision of the services, and that is processed, prepared, accessed, used, aggregated, or generated, or any combination thereof, in connection with the performance of the services.
All undisputed amounts are due and payable at the time of the agreement and/or within 30 days of receipt of invoice. Prices, fees, and other charges are set forth herein and are exclusive of taxes. If any authority imposes a tax, including sales, use, withholding, value added, or other taxes, duty, levy, or fee upon products or third-party products affiliated with Techchak managed services under this agreement, the customer agrees to pay the amount as specified in the invoice or supply sufficient exemption documentation.
Neither party is responsible for failure to fulfill any obligation due to causes beyond its control, provided the party seeking the benefit of this subsection uses its commercially reasonable best effort to perform.
This agreement is governed by the laws of the State of Maryland, excluding conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and/or Services will not apply to this agreement in any capacity.
All notices under this agreement must be in writing and will be effective when delivered by mail, email, facsimile, or any other means with confirmation of receipt, to the address specified or such other address as the parties may designate by notice from time to time.
This agreement constitutes the complete and exclusive agreement between the parties regarding its subject matter and superseded any prior oral or written proposals, correspondence, representations, warranties and communications, including any shrink wrap or click wrap terms and conditions. Techchak reserves the right to modify this agreement at any time and for any reason with or without prior notice to the users. In the event any provision of this agreement or portions thereof are held to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.