TERMS OF SERVICE
- MODAFA provides its clients with outplacement or outsourcing services. This includes placement of remote contractors.
- MODAFA has been asked or is being considered to be asked by The Client to offer its services to The Client for one or more of these topic:
– software development (Web, Mobile)
– the placement of contractors (Dedicated Team)
– third-party application maintenance
– App modernization
– IT Consulting
– Code Review services
- The services will be provided by MODAFA to the client according to the terms and conditions of this Service Agreement.
IT IS AGREED AS FOLLOWS:
- DEFINITIONS AND INTERPRETATION
Schedule 1 provides the Definitions and Interpretations for this Service Agreement.
- AGREEMENT – DAY TO DAY OPERATION
2.1 The terms and conditions on the MODAFA website provide the procedure for day to day activities like request for service by the client, selecting the MODAFA employee and perform other day to day activities with respect to this contract.
2.2 It is acknowledged by the client and agreed upon that the nature of this agreement with MODAFA does not establish any form of employment.
The MODAFA employee does not have any authority to enter into contracts on behalf of the client. The agreement does not create any partnership between the Client and the MODAFA employee.
3.1 This Agreement will be applicable on a month to month basis, will commence on the starting date as agreed upon. The Agreement will continue until terminated in accordance with clause 12.
4.1 The time for payment to be made to MODAFA is provided in Schedule 1 and the requisite terms and conditions as on the MODAFA website.
4.2 The provisions provided in Schedule 1 are a part of and operative under this Contract.
- NO MODAFA LIABILITY
5.1 In case of any loss, damage, costs or compensation (whether direct or indirect) to The Client, no liability shall be incurred by MODAFA. The following cases are included:
- a) Any delay in introduction of MODAFA employees by MODAFA.
- b) The event of non-acceptance of an offer or an assignment by a MODAFA employee
- c) Related to the performance of a MODAFA Employee
- THE CLIENT’S INDEMNITY TO MODAFA
6.1 With respect to the following cases of loss or claims the client has to pay indemnity to MODAFA
- a) An injury to a MODAFA employee while performing his/her duties for the client
- b) Property damage while performance of duties by a MODAFA employee
6.2 If there are any claims made by a MODAFA employee with respect to his/her termination of services, the client has to indemnify MODAFA for the same.
RESTRICTION ON DIRECT HIRING OF MODAFA SERVICE EMPLOYEES
7.1 The Client must pay to MODAFA 15,000.00 USD for each MODAFA employee who has been offered/hired by the Client directly.
7.2 When this contract is terminated, no MODAFA employee who is performing an assignment for The Client or has performed an assignment for The Client in the last 12 months can be offered a contract or permanent employment by The Client.
7.3 MODAFA Employee ‘s friends, family members, referrals and network cannot be offered work or Assignments by MODAFA clients without prior approval
7.4 No information exchange related to payments and pricing between MODAFA and MODAFA employees shall be permitted
- INTELLECTUAL PROPERTY
8.1 All material prepared by the MODAFA Employee will be owned by the Client and any Intellectual Property Rights in any such work shall vest in The Client.
- All parties agree that they will handle personal information in accordance with the Privacy Laws
- CONFIDENTIAL INFORMATION
10.1 Subject to Clause 10.2, the only information that is disclosed by any party is that which is required by the law.
Both parties represent and warrant to the other party that:
- a) There are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this Contract.
12.1 A party (“the first party”) may immediately (or with effect from any later date it may nominate) terminate if:
- a) The second party breaches this Contract and does not remedy such breach within 5 Business Days
- e) the other party becomes insolvent
12.2 The Client may appoint the MODAFA Employee on a trial basis. This is for a minimum of 1 hour and a maximum of 10 days. The client can terminate the MODAFA employee at any time during the trial period.
12.3 Subject to The Client complying with the provisions set out in Schedule 1, if The Client can terminate the full time employees in the following manner:
- For less than 6 months from his or her appointment, a period of 30 days notice is required
- For more than 6 months, a period of 60 days notice is required
12.6 Upon termination:
(a) The client will return all Confidential Information back to MODAFA
The Client accepts the terms as set out within the terms and conditions on MODAFA’s website
(a) The Client making a Request for Services; or
(b) The Client appointing MODAFA to provide services to The Client; or
(c) The Client selecting a MODAFA Employee ; or
(d) The Client making a payment of any amounts listed within Schedule 1, including but not limited to set up fees, monthly fees and/or any payment of MODAFA invoices (whichever is the earliest); or
(e) The Client indicating its acceptance
- DUTY OF CONFIDENTIALITY
- MODAFA and the MODAFA Employee acknowledge that while working for the client, they may have access to Confidential Information of The Client.
- MODAFA and the MODAFA Employee undertake not to disclose, use this information to any third parties
SCHEDULE 1 -FEE STRUCTURE
Regular Billing System
- If The Client selects and appoints a MODAFA Employee, the Client must use the Regular Billing System
- The Client must pay MODAFA for the Services in advance by using either of the following 2 options:
(a) prepaid payments
(b) regular monthly payments
– Credit Card Online Payment
– Direct Debit of Credit Cards and Bank Accounts
– Electronic Fund Transfer
- Each payment is to be made in advance or on an agreed fixed monthly date
- The Clients can make payments via bank transfer into MODAFA’s bank accounts.
- If there is any overtime payments due, the amount of overtime is chargeable to The Client will be included in the following month’s invoice.
- The Client at any time may request a refund of the amount held with 2 week refund processing period.
(a) the Available Balance falls below zero; or
(b) The Client does pay on time under the Prepaid Payment Option and/or the Regular Monthly Payment Option,
MODAFA is entitled to suspend the services of the MODAFA Employee for a period of 5 Business Days (“Suspension Period”)
- During the Suspension Period, The Client must pay to MODAFA any amount in arrears, else the contract shall be terminated.
- The MODAFA Employee is entitled to request for leaves on public holidays of his or her location
MODAFA will only help you with your project goals. The copyrights and artworks related to your project will remain your properties.
MODAFA will not re-use any of your artworks. They will neither be re-sold or used for any other sites.
MODAFA assures that all the shared information remains confidential. This includes original artwork, contacts, notes etc.
Your Privacy will be protected by MODAFA in all the interactions with us. The client email addresses are kept confidential and not shared with any other third parties. MODAFA sends e-mailers to only those clients who wish to receive them.
MODAFA sends out regular Newletters for updates and events. Every order placed is followed by an e-mailer with the details of the order.
You can choose the Unsubcribe link from our e-mailer to stop receiving more e-mail communication from us.
MODAFA DATA SECURITY
The information that MODAFA collects online is completely safe. MODAFA has put in place proper checks to prevent unauthorized access to data, maintain its accuracy and ensure its correct use. Processes at all levels have been put in place to secure the information collected online.
MODAFA does not sell, share or rent any personal or financial information. It is ensured that your purchase online on MODAFA is completely safe.
Every product order/product request requires the MODAFA client to submit some personal information like e-mail address, information related to the order including source files, and client notes. This information is only used to complete the order.
This information is not disclosed to any third parties. MODAFA uses the e-mail address provided by the client to notify about the status of the order. The e-mail address is kept completely confidential and not used for any other purpose.
We use secure aggregate information to improve the design of our website.
The individuals who visit a part of the website remain undisclosed to our designers when they are briefed about re-designing the website. Personal information shared with MODAFA is not used in ways other than described above. Please do complete the contact form for any further queries that you may have.