This Independent Contractor or Freelancer agreement ("agreement" or "terms") specify the legally binding terms and condition that shall govern theinteraction and commercial transaction between the buyer and the seller through our website and the services thereof. Both, buyers and sellers are requested and required to read these terms carefully before using the website and services offered by B4TheWedding- [hereinafter “b4thewedding”]. The present independent contractor agreement shall be guided by and is in strict adherence with the User agreement and privacy policy.
We reserve the right to change the terms of this standard agreement at any time at our discretion and buyers and sellers must agree to be bound by the amended terms. You are advised to keep checking the terms regularly.
This is NOT an employment agreement and in no way the present agreement shall create any decision making, partnership, managerial, joint venture or voting rights to the contractor or its authorized representative. The contractor shall only act as an independent contractor. While some jurisdictions may term the contractor as employee, the relationship and responsibility shall remain same.
The parties shall not attempt to modify the present agreement in any way. There cannot be any reservation to this agreement even if both the parties agree.
The present agreement shall have a term as specified, mentioned or required by the offer requirement.
DEFINITIONS:
“Agreement” shall mean this independent contractor agreement between the Parties, subject to the terms and conditions of providing Services, attached appendices or other documents incorporated in these terms and conditions.
“Buyer” as defined in the user agreement.
“Offer” as defined in user agreement.
“Offer Requirement” as defined in the user agreement
“B4TheWedding”, “we”, “our”, or “us” as defined in the user agreement
“Project” “Offer” or “Listing” as defined in the user agreement
“Seller” as defined in the user agreement
“Seller Services” as defined in the user agreement
“User”, “you” or “your” as defined in the user agreement
“User Agreement” as defined in the user agreement
“Website” as defined in the user agreement
INTERPRETATION
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
SERVICES AND CONDITIONS
The buyer agrees to buy and the seller agrees to sell. The present agreement governs this buy-sell transaction between the freelancer or seller and the buyer or client. The freelancer must deliver the wedding related products and services as required or warranted in the offer requirement unless the buyer refuses to accept any altered or limited service. All the transaction and negotiation between the parties shall take place through the website and through the account dashboard.
RESPONSIBILITIESOF THE PARTIES
The buyer has the sole responsibility to order, check, inspect, screen, judge and accept the products and services rightfully and successfully delivered. The buyer must settle the payment of the freelancer as per the offer requirement and bid acceptance without any delay through the account page. The buyer shall not use illegal or unethical means to stop or suspend the rightfully due payment of the seller.
The seller has the responsibility to bid, follow offer requirements, deliver the products and services as required, make changes if necessary and ensure successful delivery of the products and services to the buyer as per the timeline given in the offer requirement document.
REPRESENTATION OF THE SELLER
The seller warrants that the entire products and services offer by him are his own creation or property or the seller has the required permission to provide the said products to the client or the buyer. The seller warrants that he has provided completely accurate information to the buyer. He also warrants that he shall act in accordance with the user agreement and privacy policy of the website, incorporated herein by reference. The Seller warrants that his posting of products on the website does not violate any right of any third party.
TERMINATION
Both parties can terminate this agreement in case the other party commits the breach and fails to rectify such a mistake within 15 days of being served a notice by the terminating party. The parties must return all the products and material of the other party kept with them within 15 days of such termination.
NO WARRANTY
The seller disclaims all other warranties, express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, arising by statute or otherwise in law or from a course of dealing or usage or trade.
INTELLECTUAL PROPERTY RIGHTS
Both parties acknowledge the intellectual property rights of the other party whether registered or not and warrant to respect the same.
All the intellectual property of the parties that existed prior to the acceptance of this agreement shall remain to be the exclusive property of the party unless expressly transferred by it to the other party.
All the intellectual property which was created by the freelancer in course of his work for the buyer, the buyer shall retain absolute right over the content so developed unless specifically agreed otherwise by the parties.
The freelancer may license the content so developed to the buyer for a period of time as per their mutual consent.
Both parties agree to keep confidential all information concerning the other party’s business or its ideas, products, customers or services that could be considered to be “confidential information”. Confidential Information” means all data and information whether inwritten, machine readable or other tangible form, or obtained byrecipient through observation or examination of such information andmaterial or disclosed orally, that is of value to either party, is notgenerally known to competitors of the disclosing Party, and which isindicated as such when communicated to the receiving Party.Any information or data which has been marked as “CONFIDENTIAL”, “SECRET”, “PRIVATE” OR “PROPERIETARY” shall be treated as confidential without any exception. Confidential Information includes, but is not limited to, all information ormaterials prepared in connection with this or any related subsequent Agreement and includes, without limitation, all of the following: designs, software, programs, drawings, specifications, techniques, models, data, source code, object code, documentation, diagrams, flow charts, research, development, processes, procedures, ideas, data, "know-how", new product or new technology information, product prototypes, product copies, manufacturing, development or marketing techniques and materials, development timetables, strategies and development plans, including trade names, trademarks, customer, the Agreement or personal names and other information related to customers, the Agreement or personnel, pricing policies and financial information, and other information of a similar nature, whether or not reduced to writing or other tangible form, and any other trade secrets or non-public business information.“Confidential information” is any information belonging to or in the possession or control of a party that is of a confidential, proprietary or trade secret nature and that is furnished or disclosed to the other party. Confidential information will remain the property of the disclosing party and the receiving party will not acquire any rights to that confidential information.
Court ordersIf the receiving party receives a Court Order to divulge any confidential information belonging to the disclosing party, then the receiving party is permitted to release such information to the court in accordance with any Court Order so served.
Upon termination of this Agreement, the receiving party, at the option of the disclosing party, will return or destroy all confidential information belonging to the other party.
LIMITATION OF LIABILITY
In no event shall the parties or theirsubsidiaries, officers, directors, employees or suppliers be liable to the other party for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of the parties or anyone else in connection with the use of the site, B4TheWedding services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
If your jurisdiction does not allow the foregoing exemptions of liability, the provision shall be interpreted with the maximum possible exemption permitted.
INDEMNIFICATION
You agree to indemnify and hold the other party, its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
ASSIGNMENT
Neither party may assign or otherwise transfer this Agreement without the prior written consent of the other party and the consent of B4TheWedding. In the event that consent for assignment is given, the terms of this Agreement will be binding upon each party’s respective successor.
DISPUTE RESOLUTION
The parties must solve their disputes in accordance with the dispute resolution policy mentioned in the “User agreement”.
NOTICES
All notices shall be delivered to the other party by uploading them through the dashboard.
FORCE MAJUR
The parties shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of the policies which has happened due to circumstances beyond the reasonable control of the parties which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc. The happening of such even shall be notified to us and the other party within 3 days of happening of such an event.
SEVERABILITY
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
SURVIVAL
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts. .
The failure to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right to enforce each and every such provision thereafter.
ENTIRE AND UNMODIFIED AGREEMENT
The independent contractor agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between the buyer and the seller and cannot be modified by the users. This is a standard form contract. The terms of this agreement cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of this agreement and posting such modifications on the Site.
CONTACT US
We are always there to help you at (800)474-2081. You can send us notices or any other communication at customerservice@B4TheWedding.com. We will assist you in all possible way.
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