Last updated: November, 2024.
1. Introduction
Welcome to Devhyve, an IT/BPO company providing a range of services including software development, customer support, data entry, etc.]. These Terms and Conditions (“Terms”) govern your access to and use of our services, website, and any related products or platforms (collectively, the “Services”). Please read these Terms carefully before using our Services.
2. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services.
3. Description of Services
Devhyve provides IT and BPO services as described on our website or in individual service agreements. We strive to provide accurate descriptions of our Services, but we do not warrant that the descriptions are complete, reliable, current, or error-free.
4. User Obligations
4.1. You agree to use our Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party.
4.2. You are responsible for maintaining the confidentiality of any account credentials or access codes that you use to access our Services.
4.3. You agree to provide accurate and complete information when requested by Devhyve.
4.4. You agree not to interfere with or disrupt the integrity or performance of our Services or the data contained therein.
4.5. You agree to comply with all applicable laws and regulations in your use of our Services.
5. Intellectual Property
5.1. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned byDevhyve, its licensors, or other providers of such material and are protected by [Your Country] and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
5.3. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows: * Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. * You may store files that are automatically cached by your Web browser for display enhancement purposes. * You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
6. Confidentiality
6.1. “Confidential Information” means any information disclosed by one party to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
6.2. Each party agrees to hold the other party’s Confidential Information in confidence and not to disclose it to any third party without the prior written consent of the disclosing party.
6.3. Confidential Information does not include information that: * Was already known to the receiving party prior to disclosure by the disclosing party. * Is or becomes publicly known through no wrongful act of the receiving party. * Is rightfully received by the receiving party from a third party without any obligation of confidentiality. * Is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
7. Disclaimer of Warranties
7.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2. DEVHYVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEVHYVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
8.2. IN NO EVENT WILL DEVHYVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
9. Indemnification
You agree to defend, indemnify, and hold harmless Devhyve and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
10. Termination
10.1. Devhyve may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
10.2. You may terminate your use of the Services by ceasing to use the Services.
10.3. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Your Country], without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of [Your City, Country].
12. Entire Agreement
These Terms constitute the entire agreement between you and Devhyve with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Devhyve’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
15. Changes to Terms
Devhyve reserves the right to modify these Terms at any time in its sole discretion. If we make material changes to these Terms, we will post the updated Terms on our website and update the “Last updated” date at the top of this page. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
16. Contact Us
If you have any questions about these Terms, please contact us at: info@devhyve.com
