Welcome to Kajkuj
Throughout the site, the terms “we”, “us” and “our” refer to Kajkuj. We offer Kajkuj.com this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Kajkuj Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and or contributors of content.
Please read these Terms And Condition carefully before accessing or using our website dealancer.com. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.We are a “Kajkuj digital service” and these are the terms and conditions overseeing your entrance and utilization of Kajkuj.com alongside its related sub-areas, destinations, portable application, administrations and apparatuses (the “Website” kajkuj.com ). By utilizing the location, you thus acknowledge these terms and conditions (counting the connected data in this) and speak there to your consent to evolve to those terms and conditions (the “Client Agreement”). This User Agreement is considered successful upon your utilization of the location which suggests your acknowledgment of those terms.
On the off chance that you simply don’t consent to be bound by this User Agreement kindly aren’t getting to, register with or utilize this Site. This Site is claimed and worked by Kajkuj the founder of Abu Shaid, a corporation consolidated under the businesses Act, 27 June 2021.
The Site maintains whatever authority is required to vary, adjust, include, or expel bits of those Terms and Conditions whenever with no earlier warning. Changes are going to be successful when posted on the location with no other notification given. If it isn’t an excessive amount of trouble check these Terms and Conditions normally for refreshes. You proceed with the use of the location following the presenting of changes on Terms and Conditions of utilization establishes your acknowledgment of these changes.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
YOUR ACCOUNT VS YOUR ORDER
We Only Consider the name of the Kajkuj account holder because the owner of and therefore the client of the product(s) which has been ordered from the respective Kajkuj account.
You ought to not request any changes within the name of the owner while delivering the products.
Kajkuj retains all types of authority to ban/cancel/freeze/unfreeze your account(s) if they think it should be done so. Kajkuj isn’t sure to provide the balance amount (of cashback) to you if your account is blocked/banned.
Any balance paid by your Bkash/bank/cash would be refunded to you within an inexpensive period of time. Please note that it’s going to depend upon the calculation of your total payment vs. the cashback you received and used.
Only registered users may buy and sell on our Kajkuj service Center. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Gigs on Kajkuj may be offered at a base starting price of 0 BDT/USD and more. Some Gigs are offered at a base price of more than 1000 BDT and 100 USD as determined by the Seller.
Buyers pay Kajkuj in advance to create an order (see payment terms).
Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
For fees and payments please read the payment terms.
Sellers must fulfil their orders, and may not cancel orders regularly or without cause. Cancelling orders will affect Sellers’ reputation and status.
The Sellers gain their account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
Users may not offer or accept payments using any method other than placing an order through Kajkuj.com
When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page.
Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our sections below for more information.
Kajkuj retains the right to use all published delivered works and digital services for Kajkuj marketing and promotion purposes.
Users undertake to comply with Kajkuj service Community Standards, which are a set of behaviour rules and guidelines, applicable to the Kajkuj community and marketplace in addition to these Terms of Service, as updated from time to time.
Kajkuj offers its users digital products, which allows certain Sellers to offer various original products for Buyers to adjust and customize per their own specific needs, using special automated service tools. Through the seller, Buyers purchase full commercial use rights to the service embedded with their needs.
Sellers create Gigs on Kajkuj service to allow Buyers to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
Each Gig you sell and complete accredits your account with revenue equal to 80% of the purchase amount.
Kajkuj accredits Sellers once an order is completed. See our order section below for a definition of a completed order.
For more information about receiving payments, fees and taxes see the payment terms.
Sellers may not promote their Gigs or any Kajkuj service content via the Google Ads platform.
The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow sellers to obtain advanced seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
For security concerns, Kajkuj may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by other users, or associating multiple Kajkuj accounts to a single withdrawal provider.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Sellers are allowed to post a select amount of active Gigs based on their Level status.
★7 Gigs for Sellers without a Level status.
★10 Gigs for Level 1 Sellers.
★ 20 Gigs for Level 2 Sellers.
★ 30 Gigs for Top Rated Sellers.
Gigs created on Kajkuj are user-generated content.
Gigs and/or users may be removed by Kajkuj from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
Illegal or Fraudulent services
Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy.
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Gigs
Spam, nonsense, or violent or deceptive Gigs
Gigs misleading to Buyers or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Buyers
Exceedingly low-quality Gigs
Promoting Kajkuj and/or Kajkuj Gigs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Gigs that are removed for violations are not eligible to be restored or edited.
Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Kajkuj Terms of Service and/or our Community Standards, will be removed.
Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images is available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Kajkuj.
Statements on the Gig Page that undermine or circumvent these Terms of Service are prohibited.
Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
Certain categories are available only to Pro Sellers to create Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in the removal of your Gig.
Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
The amount of Gig Extras, which can be offered, and the price for each Gig Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Gig Extras can be found in our shop.
Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
Gig Extras may cover different categories of services that are components to a higher quality delivered service.
Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.
Kajkuj is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Kajkuj may reward them with new statuses, special opportunities, benefits, and tools that come with it.
Kajkuj Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found on our site
Advancements in Levels are updated periodically by an automated system.
The current Levels a seller can achieve are Level 1, 2, and Top Rated.
Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a seller to move to a different Level.
Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig Extras, or selling their Gig in multiples.
Top Rated Sellers are chosen manually by Kajkuj editors through an ongoing review process based on seniority, the volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
Top Rated eligibility is constantly evaluated by Kajkuj to ensure that the quality standards and expectations of the Top Rated selection are kept. Kajkuj retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top-Rated status and the benefits that come with it.
Pro Sellers are pre-verified professionals who undergo a vetting process by dealancer editors. Applying for Kajkuj service Pro is open to everyone: professional freelancers who are new to Kajkuj, as well as existing Kajkuj Sellers.
Pro Sellers eligibility is constantly evaluated by Kajkuj service to ensure that the quality standards and expectations of the Pro Seller selection are kept. Kajkuj retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
You may not offer direct payments to Sellers using payment systems outside of the Kajkuj platform.
Kajkuj retains the right to use all publicly published delivered works for Kajkuj service marketing and promotional purposes.
Buyers may request a specific service from the Post a Request feature. Services requested on Kajkuj service must be an allowed service on Kajkuj.
For guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Kajkuj.
Please refer to the payment terms for making Payments through the Kajkuj platform and to learn about fees and taxes.
In addition, buyers can request a Custom Order which addresses specific buyer requirements and receive a Custom Offer from Sellers through the site or Kajkuj Anywhere.
You may not offer Sellers to pay or make payment using any method other than through the Kajkuj.com site. In case you have been asked to use an alternative payment method, please report it immediately to our Customer Support.
Once payment is confirmed, your order will be created and given a unique Kajkuj order number.
Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact the Kajkuj Customer Support department for assistance. For more information about disputes,
Order cancellations and refunds please refer to the payment terms.
Orders through the sellers are completed once payment is made by the Buyer.
A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case, the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone or to stop the Order. If the Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start.
Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
Buyers may purchase a fixed-term Subscription to a specific Gig, if available on the Seller’s Gig page. During the Subscription Period, a new Order of the same Gig will be automatically created each month. By purchasing a subscription, you authorize us to automatically charge you for each Order under the Subscription from your Kajkuj Balance or saved payment method, as applicable. If you do not have any Kajkuj Balance or a saved payment method, you will be requested to approve the payment before the next Order.
In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Subscription will be cancelled. Buyers may also cancel future Orders under the Subscription before payment is made for such future Orders. Once payment is made, the processing fee is non-refundable, as well as the Kajkuj Order Cancelation policy under the payment terms will apply.
Please note that Sellers can cancel future Orders under the Subscription 10 days before the next consecutive Order.
Certain Gigs that offer local services might require Buyers and Sellers to meet in person for the Seller to perform the service. In such cases, users should note that Kajkuj does not guarantee the behaviour, conduct, safety, suitability or ability of either Buyers or Sellers.
Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Kajkuj has no responsibility or liability related to any local services provided by the Sellers. If the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as to the premise owner. Kajkuj Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
Kajkuj Business Catalog
Kajkuj service Business is a digital service platform made for larger teams and businesses. Sellers on the Kajkuj Business catalogue are required to comply with certain professional standards. Eligible Sellers whose Gigs are included in the Kajkuj service Business catalogue will be regularly evaluated by Kajkuj to ensure their high-quality professionalism is kept. Kajkuj reserves the right to remove Sellers and Gigs from the Business catalogue.
Our Digital services:
The Supplier will use reasonable efforts to maintain the availability of service but does not guarantee that the Hosting Service(s) will be fault-free. Any fault found with the Hosting Service(s) must be reported as soon as possible to the Supplier by either telephone or email. The Client accepts that the Hosting Service(s) may be subject to downtime caused by scheduled or emergency maintenance or repair.
The Client is responsible for keeping secure the login name and password to their area on the Server and the integrity of their data. The Client shall provide their own backup solution in case their data is lost or becomes corrupt. The Supplier takes regular backups of servers; however, these backups are only for internal use and must not be relied upon as an alternative to the Client’s own solution.
The Client agrees not to use the Hosting Service(s) to;
The Supplier reserves the right to add, improve, modify or deactivate individual features, applications, scripts and programs as necessary in the interests of technical progress, security or availability of technical support to ensure the stable operation and integrity of the Hosting Service(s). The Client agrees to cooperate and be responsible for managing any related adjustments to the Hosting Service(s) if requested to do so.
The Supplier shall take reasonable steps to ensure that any deactivation of individual features, applications, scripts or programs will not result in changes to a core function. If such changes result in changes to a core function and the Supplier is unable to provide a viable alternative, then the Client shall be entitled to a prorated refund on cancellation.
The Supplier is not liable for any loss, claim or damage caused by;
Third-Party Products and Services
The Supplier makes no warranty of any kind, whether express or implied, regarding any third-party products, third party content or any software, plug-ins, equipment, or hardware obtained from third parties that are used with or on the Client’s website.
The Supplier is not responsible for third-party plugins or software that may become unusable or affect the performance of the Service(s) because of:
Gig Commercial Use License
By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business-related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Kajkuj service Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including concerning fitness for a particular purpose. Neither the Seller nor Kajkuj will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Feedback reviews provided by Buyers while completing an Order are an essential part of the Kajkuj service rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Leaving a Buyer’s feedback is a basic prerogative of a Buyer.
Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Kajkuj platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Kajkuj service platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an Order after 10 days.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer.
Please Note: At this stage, Sellers cannot see the Buyer’s review.
Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public.
Responding to a review:
Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Gig page, beneath the Buyer’s feedback.
Feedback reviews are unavailable for orders made through the sellers.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact the Kajkuj service Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the payment terms.
Kajkuj Sellers have access to several exclusive features that help customize the way their services can be offered.
Sellers can also send Custom Offers addressing specific requirements of a Buyer.
Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
Custom Offers are sent from the conversation page.
Services provided through Custom Offers may not violate Kajkuj Terms of Service and/or our Community Standards.
Sellers may offer Buyers a fixed-term subscription for a specific Gig (the “Subscription”). During the Subscription Period, the Seller will deliver one Order of the same Gig each month. Sellers may set a certain discount starting as of the second month.
Buyers may cancel future Orders under the Subscription before payment is made for such future Orders. In such case, the Orders under the Subscription will be cancelled, as applicable. Once payment is made, the Kajkuj Order Cancelation policy under the payment terms will apply.
Seller may cancel the Subscription up to 10 days before the next consecutive Order. Otherwise, the Kajkuj Order Cancelation policy under the payment terms will apply.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such users on the Site. Warnings do not limit account activity but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Kajkuj does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Kajkuj service should be friendly, constructive, and professional. Kajkuj service condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Kajkuj will not be protected by our Terms of Service.
Authentic Kajkuj Profile – You may not create a false identity on Kajkuj service misrepresent your identity, create a Kajkuj profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Kajkuj reserves the right to require users to go through a verification process to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Kajkuj will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed.
Fraud / Unlawful Use – You may not use Kajkuj for any unlawful purposes or to conduct illegal activities.
ABUSE AND SPAM
Multiple Accounts – To prevent fraud and abuse, users are limited to one active Kajkuj account and one active Kajkuj service Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Kajkuj community will be disabled. Mass account creation may result in disabling of all related accounts.
Note: any violations of Kajkuj service Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Kajkuj accounts. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Kajkuj accounts.
The Supplier shall indemnify the Client against any claim by any other party or entity that the provision of the Kajkuj Service to the Client by the Agreement infringes any Intellectual Property Rights of that other party or entity.
The Client shall indemnify the Supplier and its subcontractors against any claim by any other party or entity arising from;
Limitation of Liability
Nothing in the Agreement limits or excludes either party’s liability for:
Subject to this Limitation of Liability clause and the clause above (Indemnity), neither party shall have any liability to the other party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
Subject to this Limitation of Liability clause and the clause above, headed Indemnity, the total liability of either party for any other loss of the other party in respect of any one event or series of connected events shall not exceed £1,000 or the value of the Agreement whichever shall be the greater.
Where the parties disclose confidential information relating to their business, or other activities in the course of the Agreement, they shall maintain the confidentiality of such information, and shall not disclose it to third parties or members of each other’s staff. If any permission is given for the disclosure of any confidential information disclosed hereunder to a third party or parties, the receiving party shall take reasonable measures to ensure that the third party or parties are bound by obligations to maintain the confidentiality of such information which are the same as, or equivalent to, those set out herein.
The obligations of the parties in this Clause shall not apply to data or information that;
Data Processing and Protection
The service may include the processing or protection of data under the Bangladesh law Data Protection Regulation and/or national and/or state law. The Supplier shall not be in breach of its obligations under the Agreement where it is acting in accordance with any data related law or co-operating with a data related investigation by a competent authority.
The Supplier reserves all intellectual property rights (if any) which may subsist in the provision of the Service(s). The Supplier licenses all such rights to the Client free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Service(s).
The Supplier may describe its role in projects in promotional and marketing materials and take credit for authorship and, if not expressly objected to, include a link within and to the Client’s website.
Disputes and Arbitration
If the Client believes that the Service(s) are deficient, the Client shall formally notify the supplier in writing, inviting discussion at the earliest possible opportunity and giving clear indications as to how the Service(s) have not been satisfactory. After such discussions, The Supplier shall remedy any agreed faults within an agreed, reasonable timescale, not generally to exceed a period greater than the original contract. If the Client has formally notified the Supplier of any such deficiencies, he shall not be entitled to withhold payment of any invoices that the Supplier has already submitted for the Service(s), or pay any such invoices as it sees fit. Neither party shall be entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part.
If the supplier is unable or unwilling to remedy the above faults, the Client may terminate the Agreement forthwith; if the Supplier feels that his Service(s) are not at fault or that the Client is unfair in its judgment of the quality of his Service(s), and the parties are unable to agree the matter amicably between them, the matter may be resolved by reference to an independent adjudicator who is acceptable to both parties, and whose decision both parties agree shall be final; such an adjudicator may also determine what amounts the Supplier may be paid for his Service(s) to date if appropriate. If, after discussion concerning any difference, dispute or question arising from this Agreement, the parties are unable to reach agreement, the matter shall be settled by reference to arbitration.
If the Supplier’s performance of its obligations under the Agreement is prevented or delayed by any act or omission of the Client, its agents, sub-contractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
Respect of Reputation
The parties agree to use reasonable efforts not to directly or indirectly criticize each other, any of their employees, associates or partners publicly in any way which negatively affects the reputation of the other including in posts or reviews on public forums, blogs or social networks at any time during or subsequent to the term of the Agreement.
The Client shall not, without the prior written consent of the Supplier, at any time from the date of the Agreement to the expiry of 12 months after the last date of supply of the Service(s) or termination of the Agreement (whichever is the latest), solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee, consultant or sub-contractor of the Supplier in the provision of the Service(s).
Circumstances Beyond the Control of Either Party
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question. If the delay continues for a period of 14 days, either party may terminate or cancel the Service(s) to be carried out under the Agreement.
Either party may terminate the Agreement by giving the other party 30 days’ prior written notice. A party may terminate the Agreement immediately by giving written notice to the other party if that other party:
Other than as set out in the Agreement, neither party shall have any further obligation to the other under the Agreement after its termination.
Despite any other provision, all sums payable to the Supplier under the Agreement shall become due immediately on its termination.
The Agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.
No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.
The headings and subheadings do not form part of the Agreement and are for convenience only.
Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender.
References to the singular include the plural and vice versa.
Relationship of the Parties
Nothing in the Agreement will establish any employment relationship, agency relationship, partnership or joint venture between the parties, nor does the Agreement authorize any party to enter into any commitments for or on behalf of the other party.
Contracts (Rights of Third Parties)
The Contracts (Rights of Third Parties) does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.
If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first-class post to, or left by hand delivery at the other party’s registered address or place of business, or sent by email to the other party’s main business email address as notified to the sending party. Notices sent from within the Bangladesh time shall be deemed to have been received sent by post will be deemed to have been received, where posted from and to addresses in the Bangladesh , on the second working day and, where posted from or to addresses outside the Bangladesh , on the tenth working day following the date of posting; delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and sent by email will be deemed to have been received on the next working day after sending.
Governing Law Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of Bangladesh without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Bangladesh.
The Agreement Jurisdiction governed by and interpreted according to the law of Bangladesh. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the Bangladesh courts.
Please Note That:
Kajkuj.com – Standard Terms and digital Market of Service Act June 21 /2021.