World miral the “Outsourcing Party

7.5 Events beyond the Development Company-

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  Development Company will not be liable for breach of contract where that breach was due to software, hardware, or electrical failure, natural events such as fire, or other events beyond the control of the Development Company.
  
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  The Outsourcing Party should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure or site access. Under no circumstances will the Development Company be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customer’s website.
  

8. Termination


8.1 This Statement of Work hereunder may be terminated prior to expiration or completion in accordance with the following:


8.1.1 By either party without cause on fifteen (15) days written notice. However, no such termination initiated by the Development Company shall be effective until the applicable Scope of Work once initiated has been completed.


8.1.2 By either party in the event the other has failed to perform any obligation required to be performed under this Agreement and such failure is not corrected within thirty (30) days from receipt of written notice advising of such failure from the other party and payment initiated for the customization may not be refunded.


8.2 Upon completion, termination, or expiration of this Agreement or this Scope of Work, the Development Company shall deliver to Outsourcing Party all copies of all Deliverables in their then current form or state, whether complete or incomplete, and return to Outsourcing Party all applicable Confidential Information.


8.2 Confidentiality & Intellectual Property protection shall remain valid beyond the termination of this Agreement.


9. Independent Contractor


9.1 Development Company agrees that it is an independent contractor and that it will perform under this Agreement as an independent contractor. Nothing in this Agreement shall be deemed to make the Development Company an agent, employee, or partner of the Outsourcing Party. Development Company shall have no authority to bind, commit, contract for, or otherwise obligate Outsourcing Party in any manner whatsoever.


9.2 Outsourcing party agrees that a person or employee of the Development Company will not perform any work outside the scope of the organization (“Development Company”) for a minimum of 2 years of this agreement. If found guilty the agreement shall terminate at the current stage of the project and it will be subject to judicial practices against the Outsourcing party as well as to the agent/employee of the organization (‘’Development Company’’)


10. Liability


10.1
The Development Company will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the ‘Services’, whether in contract, warranty, tort, etc. (including negligence, ‘Services’ liability, any type of civil responsibility or other theory or otherwise) to the Outsourcing Party or any other person for the cost of ‘Service’, cover, recovery or recoupment of any investment made by the Outsourcing Party or its affiliates in connection with this Agreement, or for any other loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this Agreement. Further, the aggregate liability of the Development Company, arising out of or in connection with this Agreement or the transactions contemplated hereby will not exceed at any time, or under any circumstances, the total amounts received by the Development Company from the Outsourcing Party in connection with the particular ‘Service’ giving rise to the claim.