TERMS & CONDITIONS
Application and full agreement
1. These Terms and Conditions apply to the provision of the services detailed in our
quotation (Services) by Crisco Consulting, a company located in OFFICE NO-102,
RAJLAXMI APT, SECTOR 8A, AIROLI NAVI MUMBAI 400708 MAHARASHTRA
INDIA.
(Head Office) and all Branch Office’s and through resellers to the person buying the
services.
2. You are liable to accept the Terms and Conditions when receiving our quotation or
from the date of commencement of our services (whichever happens earlier). The
terms and conditions and quotation (the Contract) are the full agreement between
us.
3. You have to accept that you are not entrusted upon any representation, promise
or statement give by or made or on our behalf. The conditions are applicable to the
elimination of any other terms that you try to enforce or integrate, or which are
applied by practice, custom, trade or implied by trade, custom, practice or dealing
process.
Explanation
4. A “business day” implies any other day than a Saturday, Sunday and bank
holiday.
5. The heading in these Terms and Conditions are only for accessibility and do not
alter their meaning.
6. Words communicating the singular number shall consist of the plural and vice-
versa.
Services
7. We ensure to use the required knowledge and care in our activities that will
complement the quotation, comprising of any including any specifications in all
material ways. We will make any alterations to our services that are required to
follow any applicable law or safety obligation and we will notify you if this is required.
8. We will make the most of our resources to accomplish our services on time as
mentioned in the quotation. Though, time is not put into consideration whenever we
perform our duties.
9. The Terms and Conditions are applicable to the supply of any goods and services
unless we point out in any other way.
Your Responsibilities
10. You should acquire any required licenses, consents, permissions, licences and
others. You should give us access to any or all related information, properties,
materials or other things that we require to offer the services.
11. We will terminate our service if you do not adhere to clause 10.
12. We take no responsibility for setback or failure in providing the services, if it has
occurred due to your failure to follow the provisions of this section. (It is your
responsibility).
Fees
13. The Services fees are laid out in the quotation and are according to time and
material.
14. Along with the Fees, we can also recover you from a) service costs provided by
third parties and needed by us for the service performances. b) affordable accidental
expenditure, including but not limited to hotel costs, travelling costs, subsistence and
any related expenditure, and c)the price of any material needed for the provision of
Services.
15. You should pay us for any extra assistance offered by us that are not mentioned
in the quotation as per our current, applicable rate according to the time of
performance or such other rates as agreed between us. The provisions of clause 14
are also considered for these services.
16. The Fees are of any appropriate GST and other taxes that are levied or charged
by any rival authority.
17. You should pay a deposit (“Deposit”) as specified in the detailed while accepting
the quotation.
18. If you do not pay the Deposit as per the above clause, we will either withhold our
services until you pay the deposit or stop our services. (Termination).
19. The deposit is non-refundable unless we cannot offer the Services and are guilty
for such failure. When we are not responsible for the failure, there will be no refund
from us.
Withdrawal, Cancellation and Amendment
20. We will withdraw, cancel or amend a quotation if you do not accept it or if the
services have not in initiated, in a time span of 7 days from the quotation date
(unless the quotation has been withdrawn).
21. Only you or we can do order cancellation before your acceptance or rejection of
the quotation.
22. Notify us via writing as soon as possible if you want to amend any details of the
services. We will take the reuired initiatives to do the modifications. We will include
the extra cost in the fees and invoice it to you.
23. If we do alter our services or the ways we provide our due to reasons beyond our
control, we will inform it you right away. We make the most of our resources to do
minimum changes.
Payment
24. We will invoice you the fees payment in the following situations:
a. after completing our service.
b. on the invoice date mentioned in the quotation.
25. You should pay the due fees in 7 days of the invoice date or otherwise in
accordance, including any agreed credit terms.
26. Payment time will be of the significance of the Contract.
27. We will charge you interest at the rate of 10% per annum more than the base
lending rate of the Reserve Bank of India repeatedly on the outstanding amount until
full payment is received if you do not pay in mentioned time period without
comprising on any other remedy or right we have for statutory interest.
28. Payment due under these Terms and Conditions should be done entirely with no
deduction. If you withhold payment as required by law, none of us can assert any
credit, set-off or counterclaim against the other to justify withholding payment of any
amount in whole or in part.
29. We can suspend further provision of the service if you do not pay within the
mentioned and cancel any future assistance that have been availed by you or
arranged with you.
30. We issue receipts for payment if only you request.
31. You must do all your payments in cash, through our web site or bank transfer
unless agreed in writing.
Sub-Contracting and Assignment
32. We can assign, transfer, charge, subcontract or deal in any other way anytime
with all or
any of your rights according to these Terms and Conditions. We can also delegate or
subcontract or delegate any or all of our obligations to any third party.
33. You should not assign, transfer, charge, subcontract or deal in
any other manner with all or any of your rights or obligations under these Terms and
Conditions without our prior written consent
Termination
34. We terminate the provision of the Services if you:
a. Do not pay the due amount before the due date for payment or under the terms
and conditions
b. Commit a material breach of your obligations under these Terms and Conditions
c. Are about to or take advantage of any other statutory provision for the release of
insolvent debtor or about to become the subject of a bankruptcy order; or
d. Get into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any
other scheme of arrangement is made with its creditor; or
e. Convene any meeting of your creditors, enter into voluntary or compulsory
liquidation, have a receiver, manager, administrator or administrative receiver hired
for looking after your assets or undertakings or any part of them, any documents are
filed with the courts for the appointment of an administrator in respect of you, notice
of intention to appoint administrator is given by you or any of your directors or by a
qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the
Insolvency Act 1986).A resolution is done or petition is presented to any court for
your winding up or for the granting of administration order in respect of you, or
commencement of any action related to your insolvency or probable insolvency.
Intellectual property
35. We reserve intellectual property rights and all copyright that may subsist in any
goods supplied in connection with the provision of the Services. We reserve the right
to take any
appropriate action to prevent or restrain the breach of such intellectual property
rights.
Responsibility and indemnity
36. Our responsibility under these Terms and Conditions, and in infringement of
statutory duty, or misrepresentation or otherwise, well not limited as per this clause.;
37. The added up amount of our liability is limited to the total amount of Fees
payable by you according to the contract.
38. We are not responsible (if caused by our employees, agents or otherwise) in
connection with
our provision of the Services or the performance of any of our other obligations
under these
Terms and Conditions or the quotation for:
a. Any special, indirect or consequential loss, damage, cost, or expenses or;
b. Any loss of data, loss of profits; loss anticipated profits, loss of reputation or
goodwill; business mishaps or other third party claims; or
c. Any failure to conduct any of our obligations if such delay or failure is because of
any cause beyond our reasonable control; or
d. Any losses that resulted due to the direct or indirect failure or your breach in
relation to your obligations; or
e. Any losses arising directly or indirectly from the selection of Services and how
they will meet your demands or your use of the Services or any goods supplied in
connection with the Services.
39. You must compensate against all claims, damages, cost and losses beared by
us arising from
any damage to any equipment (including that belonging to third parties) caused by
you or employees.
40. There is nothing in these Terms and Conditions that will limit or eradicate our
liability for death or personal injury caused by our negligence, or for any fraudulent
misrepresentation, or for any other matters for which it would be unlawful to exclude
or limit liability.
Circumstances beyond a party’s control
41. We are not responsible for any failure or delay in doing our duties where such
failure or
delay results from any cause that is beyond the reasonable control of that party.
Such cause include, but are not limited to; power failure, Internet Service Provider
failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of war,
governmental action or any other event that is beyond the control of the party in
question. If the delay stretches more than a period of 90 days, either of us may
terminate or cancel the Services to be provided under these Terms and Conditions.
Communications
42. Notifications under these Terms and Conditions should be in writing and signed
by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
43. Notices will be deemed to have been duly given:
a. When delivered, if delivered by courier or other messenger (including registered
mail) during the normal business hours of the recipient;
b. When sent if transmitted by fax or email and a successful transmission report or
return receipt is generated;
c. If mailed by national ordinary mail on the fifth business day following mailing; or
d. If mailed by airmail on the tenth business day following mailing .
44. All notices under these Terms and Conditions must be targeted to the most
recent address,
email address or fax number notified to the other party.
No waiver
45. No delay, act or omission by a party interfering any right or remedy will be
deemed a remission of that, other right or remedy nor stop further exercise of any
other right, or remedy.
Severance
46. If either of the Terms and Conditions is found to be illegal, invalid or otherwise
unenforceable, that / those provisions will be deemed severed from the remainder of
these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
47. These Terms and Conditions framed and laid out as per the Indian law. All
conflicts disputes arising under these Terms and Conditions are subject to the
exclusive jurisdiction of the English courts.
