Any order placed by the Customers with Target Associates Pvt. Ltd. (here in after referred as Evoma) at any time be subjected to terms and conditions of service herein contained. These terms and conditions are subject to the terms and conditions of the Proposal/Agreement, if any, accepted by Customer.
Nothing in this invoice shall, or shall be deemed to, constitute a partnership, consignor- consignee or employer- employee relationship between the parties or to constitute any party as the agent or trustee of the other for any purpose.
The customer shall not be entitles to vary, amend, add or alter any of these conditions in ant manner whatsoever.
The customer will not use services provided under this invoice for any illegal, immoral, obscene or offencive activity, nor will Evoma’s address, telephone or fax numbers be used for such purposes.
The invoice will be presented via email or courier by the 20th of each month for the dues payable by the Customer. Payment to be made by Customer in advance on the monthly/ quaterly cycle as applicable and it is payable within seven days of submission. Customer shall raise any dispute or discrepancies regarding this invoice with Evoma, within a period of 5 working days from th reciept of invoice. The the event, Customer raises no dispute or objection within the specific period, this invoice will be deemed as accepted by the Customer. In any event, if Evoma has paid any service tax on the behalf of the Customer on any disputed invoice, Customer will reimburse Evoma for the Payment of such tax filing. Customers must make all payment for the services to Evoma by wire transfer, cash, credit card, cheque or DD in favour of “ Target Associates Pvt. Ltd. “ .
In the event of delay in payment beyond the due date, the Customers ahall pay interest at the rate of 21% per annum from the due date until the date of realization withour prejudice to any Evoma rights and remedies uner these terms and conditions.
All bank charges ( including collections charges) on cheques, bills of exchanges, hundies and stamp duty shall be payable by the Customers. Evoma shall not be liable for any loss or theft of banks, cheques, etc, in transit.
Evoma reserves the right to immediately revoke any services provided to the Customer for any reason on issue of notice to the Customer.
If at any time before or after availing the benefit of any tax filing, any charges in taxes or whatsoever nature is imposed/increased by the Government of India, the State Government or any other authority, then the Customers shall be liable to reimburse Evoma to the extent of the new imposition or increase as the case may be in the case of the same is for the service contracted for.
In case of an act of God ( including flood, drought, earthquake, landslide, hurricane, cyclone, typhoon, epidemic, famine or plague), any plane crashfire, explosion, riot ot civil disturbance, war, act of public enemy, terrorist act, military action , or any action of a court or government authority, or an industry – wide, region-wide or nationwide strike, work –to-rule action, go-slow or similar labour duficulty and any othe actor event which is beyond resonable control of and not the fault of Evoma, Evoma will be excused from performance of any invoice to the extent prevented from such act. No compensation I payable to the customer under such circumstances.
Any notice, invoice or other documents should be sent in writing and shall be deemed to be delivered in five working days, if sent by ordinary perpaid post or immediately, if sent be electronic mail, to the known address of the party to be notified as provided herein.
All disputes, claims and controversies arising from this invoice or the Proposal/ Agreement are governed by the laws of India and subject to the jurisdiction of the courts in Bangalore.
Customer shall indemnify and keep indemnified Evoma from and against any and all claims, threatened claims by any third party , costs, loss damage, threatened claims or liability including attorneys’s fees ( whether criminal or civil) suffered or arising out of, under or in connection with any act or omission by customer or delayed complaince or any failure to comply with any law, regulation, judgement, decree, award or contractual obligation applicable to or otherwise required to be observed or fulfilled by Customer.
The liability of the Company for any breach or otherwise for the services provided in relation to this invoice shall in all events be limited to ten percent (10%) of the last invoice issued by Evoma.