Terms of Emon's Service

Welcome to Emon Web. By accessing or using our services, you agree to be bound by these Terms of Service (ToS). Please read them carefully.

01. Definitions

  • Client: Any individual or entity that engages Emon Web for services.
  • Services: All software development, consulting, and other services provided by Emon Web.
  • Deliverables: Any tangible or intangible results or products produced by Emon Web for the Client.

02. Service Agreement

  • Scope of Services: Emon Web agrees to provide the services as outlined in the project proposal or service agreement.
  • Changes to Scope: Any changes to the project scope must be agreed upon in writing by both parties and may be subject to additional fees.

03. Client Responsibilities

  • Provision of Information: The Client must provide all necessary information, resources, and access required for Emon Web to deliver the services.
  • Feedback and Approvals: Timely feedback and approvals are required to ensure the project progresses as planned.

04. Payment Terms

  • Fees: The Client agrees to pay the fees as specified in the service agreement.
  • Invoicing and Payment: Invoices will be issued according to the agreed schedule, and payments are due within 7 days of the invoice date.
  • Late Payments: Late payments may incur interest or late fees as specified in the service agreement.

05. Confidentiality

  • Non-Disclosure: Both parties agree to keep all confidential information disclosed during the term of the agreement confidential and not to use it for any purpose other than fulfilling their obligations under this ToS.
  • Data Protection: Emon Web will implement appropriate measures to protect the Client's data according to industry standards.

06. Intellectual Property

  • Ownership: The Client retains ownership of all pre-existing intellectual property provided to Emon Web. Emon Web retains ownership of any pre-existing intellectual property used in the deliverables.
  • Transfer of Rights: Upon full payment, the Client will own the rights to the final deliverables, except for any Emon Web pre-existing intellectual property or third-party components used.

07. Warranties and Disclaimers

  • Performance Warranty: Emon Web warrants that the services will be performed in a professional and workmanlike manner.
  • Disclaimer of Warranties: Emon Web disclaims all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

08. Limitation of Liability

  • Cap on Liability: Emon Web's liability for any claims arising out of this ToS shall not exceed the total amount paid by the Client for the services.
  • Exclusion of Damages: In no event shall Emon Web be liable for any indirect, incidental, special, or consequential damages.

09. Termination

  • Termination for Convenience: Either party may terminate the agreement with 30 days' written notice.
  • Termination for Cause: Either party may terminate the agreement immediately if the other party breaches a material term of the ToS and fails to remedy the breach within 15 days of notice.
  • Effect of Termination: Upon termination, the Client shall pay for all services rendered up to the termination date, and Emon Web shall deliver any completed deliverables.

10. Governing Law and Dispute Resolution

  • Governing Law: This ToS shall be governed by and construed in accordance with the laws of Vietnam.
  • Dispute Resolution: Any disputes arising out of or relating to this ToS shall be resolved through good faith negotiation. If unresolved, disputes will be subject to mediation or binding arbitration as agreed by both parties.

11. Miscellaneous

  • Entire Agreement: This ToS, along with any service agreements, constitutes the entire agreement between the parties and supersedes all prior agreements.
  • Amendments: Any amendments to this ToS must be in writing and signed by both parties.
  • Severability: If any provision of this ToS is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Failure to enforce any provision of this ToS shall not constitute a waiver of that provision or any other provision.

For any questions about these Terms of Service, please contact us at [email protected].