Terms and Conditions

When you engage Rachan Chindarsi to perform work in a independent capacity, you will be required to accept the the following Terms & Conditions. Hourly rates and fixed-price projects will be confirmed before work begins.

Agreement between Rachan Chindarsi, owner/operator of theamazingduo.com (hereinafter referred to as “THE Amazing Duo”), and You, the authorized representative of “The Client” (hereinafter referred to as “The Client”), for work beginning in the capacity of freelance web design and multimedia.

Agreed Rate/Amount
The agreed rate or amount for work to be carried out will be finalized between The Client & THE Amazing Duo before work begins.

Payment Schedule
Payment schedule or plans may vary from client to client and project to project.
Usually for predetermined fixed-rate projects or cost-estimated projects, The Client will make a 65% non-refundable deposit prior to beginning work. The work will commence once the downpayment is received by THE Amazing Duo. The remaining 35% percent or however much has been calculated in addition is payable to THE Amazing Duo upon completion of the project.
If work on the project is extended past the initial agreed price or estimated cost, THE Amazing Duo will usually invoice in blocks of 35% of the initial price or estimated cost until the work on the project is accounted for in payment.

Confidentiality
The Client shall inform THE Amazing Duo in writing before the project begins if any portion of any material or information provided by The Client or if any portion of the project is confidential. THE Amazing Duo agrees not to misuse or disclose any confidential information that may be made available by The Client.

Rights & Ownership
All services provided by THE Amazing Duo shall be for the exclusive use of The Client other than for THE Amazing Duo’s promotional use. Upon payment of all fees, The Client to gain full transferable rights to brand identity. The Client shall be entitled to full ownership of all final work upon full payment of the agreed fee.

Client Responsibility
All reasonable care will be taken to ensure work is completed to the highest achievable standard however THE Amazing Duo will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.

Artwork Approval, Errors and Omissions
THE Amazing Duo will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, THE Amazing Duo is not liable for loss, expense or damage caused by any act or omission.

Nature of Copy
The Client agrees to exercise due diligence in its direction to THE Amazing Duo regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials THE Amazing Duo prepares. THE Amazing Duo will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.

Liability
THE Amazing Duo makes every effort to maintain the highest possible work standards, however, cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, THE Amazing Duo shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless THE Amazing Duo from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.

Cancellation/Termination of Agreement
Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify THE Amazing Duo immediately of this intention. Hours worked to that point will be invoiced. In the case of cancellation/termination, outstanding invoices are required to be paid within 30 (thirty) days of the invoice issue date.

Variation in Terms
These terms can be varied, amended or altered by written agreement between THE Amazing Duo and The Client.

THE Amazing Duo Webhosting Services

You agree to immediately notify THE Amazing Duo of any unauthorized use of your account or any other breach of security. THE Amazing Duo will not be liable for any loss or damage arising from your failure to provide accurate information or to keep your account secure.

THE Amazing Duo may cancel or suspend your access to THE Amazing Duo webhosting services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.

You are responsible for all activities that occur under your account. You are solely responsible for all content on your account.

ABUSE DEFINITIONS

You agree that any violations listed in our Abuse Definitions below are considered prohibited usage and may result in immediate account suspension and/or termination without compensation.

Intentional or Malicious violations  will result in immediate termination, and a ban from any further service.

RESOURCE ABUSE
1,1,1 – Resource Abuse consists of any activity, intentional or otherwise, that consumes sufficient system resources to negatively affect other clients or equipment.

UNSOLICITED COMMUNICATION
1,2,1 – Any email-based communications sent without the consent of the recepient.
1,2,2 – Knowingly permitting or initiating Unsolicited Communications is grounds for immediate termination, and a permanent ban from any future service.

MALICIOUS CONTENT
1,3,1 – Any type of script, code, or other file that performs harmful action, either to the user affected or as a bulk action triggered by the user.
1,3,2 – Any content that violates Canadian, United States, and Luxembourg laws.
1,3,3 – Knowingly permitting or hosting Malicious Content is grounds for immediate termination, and a permanent ban from any future service.

REMEDIAL ACTION 

INTENTIONAL / MALICIOUS ABUSE
2,1,1 – Intentional / Malicious usage is defined as any action knowingly performed by the user, or persons user has authorized to access the service, that is categorized in the above Abuse Definitions [1].
2,1,2 – All services on the user’s account will immediately be terminated without compensation, save for situations where a court order demands evidence be turned over to law enforcement.
OFFENSE
2,2,1 – The offending service will be brought offline, and left in a suspended state.
2,2,2 – A support email will be opened to The Client detailing the offense and the necessary steps required to resolve the situation.
2,2,3 – Once The Client replies to the email acknowledging that they understand the issue and how to correct the problem, the service will be reactivated and The Client will have 24 hours to prevent any further abuse.

Last updated 20 April, 2020