Terms of Services

DESCRIPTION OF SERVICES:

ASKOLI undertakes Search Engine Optimization and Web Development Services for its clients throughout the world and from time to time contracts third party contractors and individuals to assist it in undertaking and completing client work assignments.

This Terms of Service will serve to define the general terms and conditions applicable to the relationship between Consultant (Askoli) and CUSTOMER.

MODIFICATIONS TO SERVICE

Consultant reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Consultant shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

INDEPENDENT CONTRACTOR

CUSTOMER and Consultant acknowledge and agree that Consultant is an independent contractor, and no member of the Consultant's team is an employee of CUSTOMER. Consultant will have no authority to bind CUSTOMER or otherwise incur liability on behalf of CUSTOMER, unless otherwise agreed to in writing between CUSTOMER and Consultant. Under this agreement, CUSTOMER will have no obligation whatsoever to provide any employee benefits or privileges of any kind or nature to Consultant, including without limitation, insurance or pension benefits.

CONFIDENTIALITY

Consultant agrees that any materials and information concerning CUSTOMER's or any of its client's past, present or future research, marketing, development, operations and business activities, including but not limited to any materials and information provided by CUSTOMER to Consultant are proprietary and confidential to CUSTOMER. Both during and after the period Consultant provides services to CUSTOMER, and Consultant shall keep such materials and information strictly confidential, and shall not disclose the materials or information to any third party or use the material or information for any purpose except as expressly authorized in writing by CUSTOMER. Upon termination of Consultant's providing services to CUSTOMER, or at any other time at CUSTOMER's request, Consultant will deliver to CUSTOMER all originals and copies of any such materials and information. The obligations of this para 5 shall not apply to information that is or becomes generally known to the public, other than as a result of an act or omission of Consultant.

INDEMNIFICATION

Notwithstanding anything to the contrary in this Agreement, Consultant shall indemnify, defend and hold CUSTOMER, its employees and agents, harmless from, any personal injury or damage to real property or tangible personal property caused by the negligence of Consultant's employees, agents, contractors or subcontractors or any breach of the warranties set forth in para 9. Such indemnification shall include reasonable attorney's fees incurred by CUSTOMER. CUSTOMER shall indemnify, defend and hold Consultant, its employees and agents harmless from any personal injury or damage to real property or tangible personal property caused by the negligence of CUSTOMER's employees, agents or subcontractors. each party shall promptly inform the other party of any claim for which indemnification may be sought.

CREATIONS

Consultant retains all right, title and interest in and to the materials and information delivered or required to be delivered by Consultant to CUSTOMER and all other programs, inventions, works of authorship, data, ideas, know-how and other creations which relate to the subject matter Consultant's services to CUSTOMER (collectively, "Creations"), including any copyright, trade secret, patent, trademark and other intellectual property rights in such Creations.

LIMITATION OF LIABILITY

You expressly understand and agree that Consultant shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Consultant has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

ARBITRATION

In the event of a dispute between CUSTOMER and Consultant, both parties will resolve the issue by appointing a mutually agreeable arbitrator whose decision will be binding on both parties. If the parties are unable to agree on an arbritator, the arbitrator will be selected in accordance with the commercial arbitration rules of the American Arbitration Association. Pending commencement of the arbitration, each party shall have the right to seek injunction or other equitable relief in any court of competent jurisdiction, for which each party submits to the jurisdiction of the state and federal courts of Colorado

LITIGATION

In the event of any litigation by either party with reference to this Terms of Services, the Agreement will be construed according to the laws of the Islamic Republic of Pakistan. In such a case, the attorney fees of the party that has received a favorable verdict shall be paid by the other party in addition to any other remedy and/or injunctive relief awarded by a court of law.

REVISION

Askoli may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.