Approval Item is defined in clause 8.
Consultant, we, us or our means Kodology LLC with its principal place of business located at 5709 Brookshire Blvd, Charlotte, NC 28216, USA.
Claim means a demand, action or proceeding of any nature whether actual or threatened.
Client, you or your means, in relation to any work that the Consultant do for you:
- the person named as the Client in the Purchase Order;
- the person who have filled the online form and/or paid online for the purchase of the services.
- if there is no Purchase Order, then the person named as the Client in the Pricing Structure; or
- if there is no Pricing Structure, then the person for whom the Consultant are undertaking the Service.
Client Content is defined in section 5.
Confidential Information of a party:
means any information:
- regarding that party’s business or affairs;
- regarding that party’s customers, employees, or other people doing business with that party;
- which is by its nature confidential;
- which is designated as confidential by that party at the time of disclosure or within 14 days after disclosure; or
- which the other party knows or ought to know is confidential;
- includes without limitation (unless excluded below) that party’s Intellectual Property Rights and these terms and conditions; but
- does not include information to the extent that information is developed or known by the other party independently of this agreement and independently of any obligation of confidence (including because it is in the public domain).
Consumer Guarantee means a consumer guarantee applicable to this agreement under the American Law.
Fees means, in respect of a Service: the Fees payable to us for the Service as set out in the website, and/or in a Pricing Structure and/or Invoice.
Finalisation means when the Service is handed over to you for your data entry and/or testing (not when the Service is launched).
Loss means: any liability, cost, expense, loss, personal injury (including illness), death or damage; and in relation to a Claim, Loss includes amounts payable on the Claim and (whether or not the Claim is successful), legal costs and disbursements on a full indemnity basis.
Moral Rights are defined in the U.S Copyright Act, and includes any similar rights in any jurisdiction outside USA.
Online Advertising includes Search Engine Advertising, Display Advertising, & Social Media Advertising.
Purchase Order means a document issued (in writing or electronically) by us to you that sets out:
- the Services that the Consultant will provide to you;
- the estimated times within which those Services will be provided; and
- the Fees payable to us for those Services.
- Schedule of Fees means the rates and packages attached to this document, and any replacement of that professional services schedule released from time to time.
Services means the Services that the Consultant provide to you in the course of the Service, as described in section 1.