These Terms shall apply to all agreements concluded between Attrock and You (“you”, “your” or “client”), to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or in the course of dealings between Attrock and You.
These Terms and the Order may only be varied by express written agreement between the Attrock and You.
You hereby agree and acknowledge to comply the service agreement that you have subscribed. Service Agreement signed is deemed incorporated in this Agreement.
The Service agreement constitutes the entire agreement between Attrock to provide the Services to the Client and for the Client to purchase those Services, in accordance with these Terms.
You hereby agree that you have not relied on any statement, promise or representation made or given by or on behalf of Attrock which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by Attrock and any descriptions or illustrations contained in our brochure, website or advertisements are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Service Agreement or any other contract between the Attrock and the Client for the supply of Services. A Quotation for the supply of Services given by Attrock shall not constitute an offer.
Unless otherwise expressly stated, all prices shall be in US Dollars and shall be exclusive of VAT and other duties unless otherwise provided therein. In the event that duties are introduced or changed after the conclusion of an Order, We reserve the right to adjust the agreed prices accordingly.
There are certain services that may involve the licensing of third party intellectual property rights and the client may be required to enter into a license directly with such third party. Such prices shall be exclusive of costs of for the purchase of the aforesaid IP rights unless otherwise specified in the service agreement.
Attrock shall invoice for services monthly or annually in advance of services being delivered. Where the order is placed via Paypal or with a Credit Card, payment shall automatically be taken on the date of each subscription renewal.
You agree to pay each invoice submitted by Attrock within 10 Business Days of the date of the invoice to avoid suspension or termination of the service. You agree to pay all amounts due under the Service Agreement in full without any deduction or withholding.
Late payment shall be considered as constituting a material breach of the Service Agreement entitling Attrock (at its discretion) to cancel the Service Agreement or to affirm the Agreement and assert the usual remedies for breach.
In the event that the Services cannot be delivered either in full or in part due to the Client’s failure to assist or delay in assisting in the execution of the Order, Attrock shall be entitled to charge to the Client the subscription (in accordance to the Service Agreement), corresponding to the amount that would have been due had the Services been rendered in accordance with the Order.
Attrock may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Attrock shall indemnify and keep the Client indemnified against all losses, expenses or damages that may be suffered by the Client due to any default or breach of terms by Attrock under this Agreement. The Client shall indemnify and keep Attrock indemnified against all losses, expenses or damages that may be suffered by Attrock due to any default or breach of terms by the Client under this Agreement.
Neither the Client, nor Attrock shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, famine, or natural disaster.
Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by the authorized officials of the Client and Attrock .
The failure of either party at any time to enforce any provision of this Agreement, shall in no way affect its right thereafter to require complete performance by the other party, other than a lack of payment. Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing and signed by the authorized officials of the Client and Attrock .