At Gungun Solutions we present our clients with outsourcing as well as IT development services. This also includes placement of remote contractors. If a client is willing to choose or chose Gungun Solutions for the services we provide, the client will have to go through our terms and conditions of this Service Agreement that we provide and the services will be provided accordingly.
Service Agreement
Definitions and explanation of this Agreement Schedule 1 provides definition and the meaning for this service agreement The terms and conditions of Gungun Solutions website offer the system of standard activities like the clientele request, choosing or hiring an employee of Gungun Solutions or developer or any other person related with Gungun Solutions and perform regular activities with regard to this contract. The nature of this agreement does not form any kind of employment between Gungun Solutions and the client and is accepted and agreed by the client. The responsibility to choose the right Gungun Solutions employee or a developer rests with the client. The hiring process for independent service providers is done on the basis of applicable local guideline or as deemed fit by Gungun Solutions. No authority is given to any Gungun Solutions employee or developer to enter into the contract or the agreement in any form on behalf of GungunSolutions. The agreement does not create any type of partnership between Gungun Solutions or its developer or the employee and the client.
Time duration
This agreement is or will be applicable on a monthly basis and will begin on the starting date as agreed upon mutually by the client and Gungun Solutions. The agreement will continue until ended in accordance with clause 12.
Payment
The payment time is provided in schedule 1 and as per the requisite terms and conditions mentioned on the Gungun Solutions website. The provision stated in the schedule 1 are a part of this agreement and are applicable for the same.
Liability declaration
In case of any damage, loss compensation or costs happening direct or indirect, to the client, no liability will be incurred by Gungun Solutions. Following cases are incorporated, but not limited to: Any deferral in introduction of Gungun Solutions employees or developers by Gungun Solutions. The event of non – acceptance of an assignment or an offer by Gungun Solutions or its employees and developers. Related to the performance of an employee or developer of Gungun Solutions.
Indemnity of Gungun Solutions
With respect to the following event of loss or claims the client has to pay assurance to Gungun Solutions. Any injury to a employee or developer of GugnunSolutions while performing his/her duties for the client. Property damage while performing of duties by a Gungun Solutions employee or developer.
Restrictions
The client will have to pay $5,000 to Gungun Solutions and the same to the employee or developer who has been hired or offered by the client directly. When this agreement is over or terminated, no Gungun Solutions employee who executing a project for the client or has completed a project for a client in the last 1 year can be offered any agreement or contract or permanent employment by the client. No client of Gungun Solutions can offer any assignment or work to GungunSolutions employee, members, referrals friends or network without the prior approval and an agreement of GungunSolutions. No communication or information exchange regarding the pricing and payment between the company and its employees or developers shall be permitted.
Intellectual property
All the material prepared by the GungunSolutions employee and developer will be retained by the client and intellectual property rights for any such work shall consult with the client.
Privacy
All parties agree and accept that personal detail and any sensitive information will be handled according to the privacy laws.
Confidential information
The only information which can be revealed by the parties is that which is only needed by the law.
Warranties
Both parties represent and approve the other party that: There are no actions, claims, inquiries or events pending or threatened against it or by it of which is known to, and which might have an important effect on the subject substance of this agreement.
Termination
Gungun Solutions may instantly ( or with effect from any later date it might seem fit) terminate if: The client breaches this agreement and does not solve or rectify within five business days The client becomes unable to pay the debt. The client may appoint the Gungun Solutions employee or a developer on a trial basis, which can be anywhere between one hour and a maximum of ten working days. The client can terminate the employee or the developer at any time during this period. Subject to the client complying with provision mentioned in the schedule 1, if the client can end the full time employee in the following manner: A notice period of thirty days is needed. For less than six months of his/her appointment A notice period of sixty days in required. For more than six months. Termination: all the confidential information will be returned back by the client to Gungun Solutions.
Acceptance
All the terms mentioned will be accepted by the client as per the terms and conditions of Gungun Solutions website.
- Service request made by a client or
- A client, assigning Gungun Solutions to offer services to a client or
- The client hiring and selection a employee or developer of GungunSolutions or
- Any payment done by the client as per schedule 1, including but not limited to monthly fee or setup fee and /or any payment of GungunSolutions invoices ( whichever is prior) or
- The client suggesting its acceptance
Duty of confidentiality
GungunSolutions and its employee acknowledge that while working with a client, they may have access to confidential information of the client. Gungun Solutions and its employee undertake not to disclose or use confidential information to any third parties.
Schedule 1 – Fee structure
Systematic billing system
If an employee or a developer of Gungun Solutions is appointed by a client, the client must use the systematic billing system. The client may pay Gungun Solutions, advance for the services by using any of the following option;
- Prepaid payments
- Regular monthly payments – Credit card and debit card payment and bank account or electronic fund transfer.
Each payment is to be made on agreed monthly date or in advance. The client can make payments through EFT, electronic fund transfer into Loyal Web Solutions INR bank accounts. If there are any overtime payments due, the same will be charged to the client and will also be added in the following month’s invoice. The client at any time may ask for a refund of the amount held within two week refund processing period. Insufficient funds If
- The available balance is zero or
- The client does not pay on time under the monthly/regular or prepaid payment option, Gungun Solutions is entitled to suspend the services of the Gungun Solutions employee or developer for a period of five business days (Suspension period).
The client must pay to Gungun Solutions any amount in arrears during the suspension period, else the agreement will be terminated.
Holidays
The employee or developer of Gungun Solutions is entitled to request for leaves on public holidays of his/her location subject to the approval of GungunSolutions as it seem fit.