Terms and Conditions for Livexpert Technologies
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
These Terms and Conditions (the “Terms”) govern your use of the website at https://livexperttechnologies.com (“Site”) and all services offered by Livexpert Technologies..
By accessing our Site, engaging our services, or signing a Proposal or Statement of Work that references these Terms, you (the “Client”, “You”, or “Your”) agree to be legally bound by these Terms and our Privacy Policy, available at https://livexperttechnologies.com/privacy-policy.
1. Services
Livexpert Technologies provides cloud solutions, managed IT services, and digital marketing services. The specific scope, deliverables, timelines, and fees for any services to be provided to the Client (the “Services”) will be defined in a separate written document, such as a Proposal, Statement of Work (SOW), or Service Agreement, which will be signed by both parties.
These Terms are incorporated by reference into every SOW or Proposal. In the event of a conflict between these Terms and a signed SOW, the terms of the SOW shall prevail.
2. Client Responsibilities
The Client agrees to cooperate fully with Livexpert Technologies to ensure the successful delivery of the Services. The Client’s responsibilities include, but are not limited to:
Providing timely access to necessary personnel, systems, and data.
Providing all required content, materials, and information (the “Client Materials”).
Participating in scheduled meetings and providing timely feedback and approvals.
The Client warrants that all Client Materials provided to Us are owned by the Client or that the Client has all necessary rights to use them in connection with the Services.
3. Payment Terms
Invoicing: The Client agrees to pay the fees for the Services as set forth in the applicable SOW or Proposal. Unless otherwise stated, all invoices are due within thirty (30) days of the invoice date (Net 30).
Late Payments: Payments not received by the due date will be subject to a late fee of 1.5% per month on the outstanding balance, or the maximum rate permitted by law.
Service Suspension: We reserve the right to suspend the provision of Services if the Client’s account is more than thirty (30) days past due.
4. Confidentiality
Both parties agree to protect the other’s Confidential Information. “Confidential Information” refers to any information disclosed by one party to the other that is not publicly known, including but not limited to business strategies, client lists, financial data, technical specifications, and trade secrets. Both parties agree not to disclose the other’s Confidential Information to any third party without prior written consent, except as required by law.
5. Intellectual Property
Pre-Existing IP: Each party shall retain ownership of its own pre-existing intellectual property. Livexpert Technologies shall retain ownership of all its proprietary software, tools, methodologies, and know-how used in the provision of the Services.
Client Deliverables: Upon the Client’s full and final payment for the Services, Livexpert Technologies grants the Client a worldwide, perpetual, non-exclusive license to use the final, tangible deliverables created specifically for the Client as part of the Services (the “Deliverables”). The Client may not use the Deliverables for any purpose if they have not paid in full.
6. Data and Backups
Livexpert Technologies will adhere to industry best practices for data security and integrity in the provision of all Services. Specific responsibilities related to data management, security protocols, or data backup services will be explicitly defined in the applicable SOW. Unless such services are explicitly included in a SOW, the Client remains solely responsible for maintaining its own backups of all data.
7. Warranties
Livexpert Technologies warrants that all Services will be performed in a professional and workmanlike manner, consistent with industry standards.
Disclaimer of Other Warranties: EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR WILL MEET THE CLIENT’S SPECIFIC REQUIREMENTS.
8. Limitation of Liability
IN NO EVENT SHALL LIVEXPERT TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING FROM THE SERVICES SHALL BE LIMITED TO THE TOTAL FEES PAID BY THE CLIENT TO LIVEXPERT TECHNOLOGIES FOR THE SPECIFIC SERVICE OUTLINED IN THE SOW FROM WHICH THE CLAIM ARISES.
9. Term and Termination
Term: The term of the agreement will be as set forth in the applicable SOW.
Termination: Either party may terminate an SOW or this agreement upon thirty (30) days written notice if the other party is in material breach of its obligations and fails to cure such breach within that notice period.
Effect of Termination: Upon termination, the Client shall pay for all Services rendered and work performed up to the effective date of termination. Each party shall return the other’s Confidential Information.
10. Indemnity
The Client agrees to defend, indemnify, and hold harmless Livexpert Technologies and its officers, directors, and employees from any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising from the Client’s use of the Services, the Client Materials, or the Client’s breach of these Terms.
11. General Provisions
Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Entire Agreement: These Terms, together with the applicable SOW and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements.
Waiver: The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of that provision.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Notices: All notices must be in writing and sent to the contact information on file for each party.
12. Contact Information
For any questions about these Terms, please contact us at:
Email: 📩 utsav@livexperttechnologies.com
Mailing Address: Bhutani Cyber Park, Block C
Sector 62, Noida – 201309