Service Agreement
Interpretation and Definitions:
For clarity and understanding, please refer to Schedule 1 for definitions and explanations pertinent to this Service Agreement.
Agreement:
This Agreement governs the day-to-day operations between the client and Nexarce, including but not limited to service requests, hiring of Nexarce personnel, and ongoing correspondence.
It's important to note that this Agreement does not constitute an employer-employee relationship between the client and Nexarce. The client assumes responsibility for selecting suitable Nexarce personnel, who are engaged as independent service providers in compliance with local regulations and Nexarce guidelines.
Nexarce employees or developers are not authorized to enter into contracts on behalf of Nexarce, nor does this Agreement establish a partnership between the client and Nexarce or its personnel.
Duration:
This Agreement is valid on a monthly basis, commencing on the agreed-upon start date and continuing until terminated as per Clause 12.
Payment:
Payment terms and schedules are outlined in Schedule 1 and are subject to the terms and conditions specified on the Nexarce website. These provisions are integral to this Agreement.
Liability Disclaimer:
Nexarce shall not be liable for any direct or indirect loss, damage, costs, or compensation incurred by the client, including but not limited to delays in personnel deployment, non-acceptance of offers or assignments, or performance-related issues.
Indemnity:
The client agrees to indemnify Nexarce against any claims arising from injuries to Nexarce personnel or property damage during the performance of duties for the client.
Restrictions:
Certain restrictions apply, including a fee payable to Nexarce and its personnel if the client directly hires Nexarce personnel. Additionally, certain limitations on offering contracts or employment to Nexarce personnel apply upon termination of this Agreement.
Intellectual Property:
All work produced by Nexarce personnel shall be owned by the client, with intellectual property rights vested therein.
Privacy:
All parties agree to handle personal and sensitive information in accordance with applicable privacy laws.
Confidentiality:
Disclosure of confidential information is limited to what is required by law.
Warranties:
Both parties represent that there are no pending inquiries, actions, or claims that may affect this Agreement.
Termination:
Nexarce may terminate this Agreement immediately under certain conditions, including client breach or insolvency. The client may terminate the employment of Nexarce personnel according to the notice periods outlined in Schedule 1.
Acceptance:
The client accepts the terms of this Agreement by requesting services, appointing Nexarce, hiring Nexarce personnel, making payments, or indicating acceptance in any other manner.
Duty of Confidentiality:
Nexarce and its personnel agree not to disclose or use any confidential information of the client.