- Contract Establishment
These Terms and Conditions of Business shall form part of the contract between “the Client” and Raco Exportacao E Importacao Eireli “the Company” to supply professional services set out in my proposals unless otherwise agreed in writing by Raco Exportacao E Importacao Eireli.
- Information Disclosure
a) We request that the Client discloses to Raco Exportacao E Importacao Eireli all information necessary for the excellent running and completion of the project or the reasonable opinion of Raco Exportacao E Importacao Eireli, is relevant to the Contract.
b) The Client represents that, to the best of their ability and in good faith, all information disclosed to Raco Exportacao E Importacao Eireli is accurate and that any written materials supplied may be used as part of the project without breach of any third party copyright or registered trademarks.
c) The Client shall notify Raco Exportacao E Importacao Eireli immediately upon becoming aware of any matters, facts, or circumstances directly or indirectly affecting the project that appear inconsistent in any material respect alongside information already provided the information previously supplied becomes misleading or inaccurate.
- Confidentiality
Raco Exportacao E Importacao Eireli will not disclose confidential information concerning the Client and the Client’s business to any third party without the Client’s written consent unless otherwise required by law, a Court of competent jurisdiction, or a governmental or regulatory authority.
- Ownership
The Client shall own the deliverables of the project, which shall not include any proprietary products or methods which Raco Exportacao E Importacao Eireli may use in the course of the Project. Raco Exportacao E Importacao Eireli may retain copies for quality assurance purposes. Subject to Raco Exportacao E Importacao Eireli obligations of confidentiality, both parties to the Contract shall be free to apply the concepts, techniques, know-how used and developed on the project. As training providers, Raco Exportacao E Importacao Eireli shall continue to be at liberty to perform similar services for other clients using the Company’s general knowledge, skills, experience, and personnel.
- Liability
a) Raco Exportacao E Importacao Eireli undertakes to exercise due care in the project’s performance in accordance with applicable professional standards. The Company’s objective is To provide high-quality, professional service that fully meets the client’s expectations and requirements.
b) The Company shall not be liable to the Client in contract, tort (including without limitation negligence), and/or breach of statutory duty for any loss or damage which the client may suffer because of any act, omission, neglect, or default (including negligence) in the performance of this Contract by the company, its servants or agents, in a sum which is greater than the total price of the associated fees.
c) Nothing in this Contract shall operate so as to exclude:
- Either party’s non-excludable liability in respect of death or personal injury caused by its negligence or the negligence of its servants or agents;
- Liability for fraudulent misrepresentation.
- Force Majeure
a) If either party is affected by Force Majeure it shall forthwith inform the other party in writing of the matters constituting the Force Majeure and shall keep the party fully informed of the continuance and of any change of circumstances whilst such Force Majeure continues
b) If the Force Majeure continues for longer than three months, either party may at any time while such Force Majeure continues by notice in writing to the other terminate this contract.
c) Save as provided for in this Clause Force Majeure shall not entitle either party to terminate this Contract, and neither party shall be in breach of this Contract, nor otherwise liable to the other party, because of any delay in performance or non-performance of any of its obligations due to Force Majeure.
- Suspension and Termination
a) The Client may, at any time, terminate the project by giving Raco Exportacao E Importacao Eireli written notice of at least one whole calendar month of the intention to do so.
b) Raco Exportacao E Importacao Eireli may suspend the project if, in the reasonable opinion of the Company, material circumstances adversely affect the performance of the Company’s obligations under the Contract, or where Raco Exportacao E Importacao Eireli reasonably determines that there has been a material non-disclosure of information by the Client or material changes in circumstances which significantly alter the scope and/or nature of the project.
c) Raco Exportacao E Importacao Eireli may, by giving notice in writing to the Client, terminate the project immediately if:
- The period of suspension exceeds fourteen days; or
- The Client commits a breach of the Contract and fails to remedy such a breach within seven days of being notified in writing by Raco Exportacao E Importacao Eireli
- If the contract is terminated:
- Each party to the contract shall on-demand return to the other party, all property belonging to the other party in its possession at the time of termination; and
- The client shall pay immediately, on-demand by Raco Exportacao E Importacao Eireli, all fees, and expenses in respect of all professional services performed by the company under the contract up to the date of termination together with all reasonable costs and expenses incurred by the company in connection with and in consequence of the termination of the contract
