- Terms & Conditions Page of QServices Inc.
We at QServices Inc provide our clients with IT development as well as outsourcing services for the same. This comprises placement of remote contractors.
The Client chose QServices Inc or is willing to choose QServices Inc for the services it provides.
The services will be provided by QServices Inc to the Client according to the Terms and Conditions of this Service Agreement.
Definitions and Explanations for this Agreement
Schedule 1 provides Meaning and Definitions for this Service Agreement.
The terms and conditions of the QServices Inc website provide the system of day to day activities like the request for service by the client, selecting or hiring QServices Inc employee or developer or any other person with the correspondence of QServices Inc and perform routine activities with respect to this contract.
The nature of this agreement does not form any type of employment between the Client and QServices Inc and is accepted by the Client and agreed.
The responsibility to choose the suitable QServices Inc employee or developer rests with the Client. The hiring is done for independent service providers on the basis of applicable local guidelines or as deemed fit by QServices Inc.
No authority is provided to any QServices Inc employee or developer to enter into the agreement or contract in any form on behalf of QServices Inc. The agreement does not create any type of partnership between the Client and QServices Inc or its Employee or its Developer.
This agreement is or will be applicable on monthly basis and will commence on the starting date as agreed upon mutually by QServices Inc and the Client. The agreement will continue until concluded in accordance with Clause 12.
The time for the payment to be made to QServices Inc is provided in Schedule 1 and as per the requisite terms and conditions mentioned on the QServices Inc website.
The provisions mentioned in the Schedule 1 are a part of and are applicable in this Agreement.
In case of any loss, damage, costs or compensation occurring direct or indirect to the Client, no liability shall be incurred by QServices Inc. Following cases are included but not limited to:
- Any deferral in introduction of QServices Inc employees or developers by QServices Inc.
- The event of non-acceptance of an offer or an assignment by QServices Inc or its employees and developers.
- Related to the performance of a QServices Inc employee or developer.
Indemnity to QServices Inc.
With respect to the following events of loss or claims the Client has to pay indemnity to QServices Inc:
- Any injury to a QServices Inc employee or developer while performing his/her duties for the Client.
- Property damage while performance of duties by a QServices Inc employee or developer
The Client must pay 15,000.00 USD to QServices Inc and the same to the employee or developer who has been offered/hired by the Client directly.
When this agreement is terminated or over, no QServices Inc employee who is performing a project for the Client or has performed a project for the Client in the last 120 months can be offered any contract or agreement or permanent employment by the Client.
No Client of QServices Inc can offer any work or assignment to QServices Inc employee, friends, members, referrals or network without the prior consent and approval of QServices Inc.
No information exchange and communication regarding the pricing and payments between QServices Inc and its employees or developers shall be permitted.
All the material prepared by the QServices Inc employee and developer will be owned by the Client and Intellectual Property Rights for any such work shall confer with the Client.
All parties agree and accept that personal information and any sensitive information will be handled according to the Privacy Laws.
The only information which can be disclosed by the parties is that which is only required by the law.
Both the parties represent and authorise the other party that:
There are no inquiries, actions, claims, events or actions pending or threatened against it or by it of which it is known to, and which may have a substantial effect on the subject substance of this agreement.
QServices Inc may immediately (or with effect from any later date it may seem fit) terminate if:
- The Client breaches this agreement and does not remedy or solve such breach within 5 Business Days.
- The Client becomes insolvent.
The Client may appoint the QServices Inc employee or developer on a trial basis. This is for a minimum of 1 hour and a maximum of 10 days. The Client can terminate the employee or developer at any time during this period.
Subject to the Client complying with the provisions mentioned in the Schedule 1, if the Client can terminate the full time employees in the following manner:
- For less than 6 months of his/her appointment, a notice period of 30 days is required.
- For more than 6 months, a notice period of 60 days is required.
Upon Termination: The Client will return all the Confidential information back to QServices Inc.
The Client accepts the terms as set out within the terms and conditions of QServices Inc website
- The Client making a Request of Services; or
- The Client appointing QServices Inc to provide services to the Client; or
- The Client selecting or hiring a QServices Inc employee or developer; or
- 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 QServices Inc invoices (whichever is the earliest); or
- The Client indicating its acceptance
Duty of Confidentiality
QServices Inc and the QServices Inc Employee acknowledge that while working for the client, they may have access to Confidential Information of The Client.
QServices Inc and the QServices Inc Employee undertake not to disclose, use this information to any third parties.
Schedule 1 – Fee Structure
Systematic Billing System
If the Client selects and appoints a QServices Inc employee or developer, the Client must use the Systematic Billing System
The Client must pay QServices Inc for the services in advance by using either of the following options:
- Prepaid payments
- 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 monthly date.
The Clients can make payments via Electronic Fund Transfer (EFT) into QServices Inc INR bank accounts.
If there are any overtime payments due, the amount of overtime is chargeable to the Client and will be included in the following month’s invoice.
The Client at any time may request a refund of the amount held within 2 week refund processing period.
- The available balance falls below zero; or
- The Client does not pay on time under the prepaid payment option and/or the regular monthly payment option, QServices Inc is entitled to suspend the services of the QServices Inc employee or developer for a period of 5 business days (Suspension Period)
During the suspension period, the Client must pay to QServices Inc any amount in arrears, else the agreement will be terminated.
The QServices Inc employee or developer is entitled to request for leaves on public holidays of his or her location subject to the approval of QServices Inc as it seem fit.