Terms & Conditions for orders placed on UPLAB OÜ’s websites (www.uplabasia.com, www.manycreators.com & uplab.spp.io)
UPLAB OÜ agrees that it will perform services for the Company and fulfil all of the commitments throughout the duration of the agreement. The UPLAB OÜ agrees to perform the Services in a timely (timeline will be mutually agreed upon on kick-off strategy meeting) and professional manner.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
The total budget for this project is agreed total on the pricing page, excluding VAT (20%).
UPLAB OÜ will invoice Company for hundred percent (100%) at the start of the collaboration.
All orders made are non-refundable and have an obligation to be paid. Late payments will be charged an additional two percent (2%) of the outstanding amount each month until payment in full is made.
The Company agrees that it will cooperate with the UPLAB OÜ promptly and respond to any and all of the UPLAB OÜ’s requests within 72 hours in order to assist the Agency in performing the Services. In addition, UPLAB OÜ reserves the right to stop work until payment is received.
The minimum engagement period between the Company and the UPLAB OÜ is the completion of the full project. Within this period, the Agreement cannot be cancelled by the Company. With exception to the minimum engagement period, cancellation of this Agreement requires a notice period of at least 30 days for both parties. All payments will be pro-rated per day (at a daily rate of €365) and paid per the existing Payment Terms in this Agreement should either parties decide to cancel the Agreement.
Each party grants the other a non-exclusive, non-transferable, royalty-free, personal sub-license to use its name, approved likeness, trademarks, service marks or logos, whether registered or not (hereafter “Marks”) for advertising, publicity and promotional purposes of the Company’s Services.
UPLAB OÜ and involved key opinion leaders / influencers are not responsible for what happens with collected leads and provides services no other than the sake of brand awareness and/or lead generation or content creation. UPLAB OÜ and the key opinion leaders / influencers used in campaigns and content are not responsible for any of the brands’ activities and/or intentions. Imagery and/or videos of key opinion leaders / influencers are prohibited to be used in any activities or promotions which are illegal by the law of the People’s Republic of China (PRC). For every penalty, the Company will be fined.
This Agreement shall be governed and construed in accordance with the laws of Estonia. The Agreement is the entire understanding and agreement as to the matters discussed herein and supersedes and voids any prior agreements, whether written or oral. The Agreement can be modified only by a writing signed by both parties.
LIMIT OF LIABILITY
The limit of liability of UPLAB OÜ to the Company for any cause or combination of causes, including claims for indemnity, shall be, in the total amount, limited to the fees paid under this contract. No other warranty, either express or implied, is granted by UPLAB OÜ hereunder.
In any dispute arising between the parties herein, the prevailing party as determined by the arbitrator shall be entitled to costs and reasonable attorneys fees incurred both in the arbitration and court enforcement of the arbitration award.
If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall remain in force and shall be interpreted so as to best effect the intent of the parties.
Any delay or failure in the performance by either party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including, but not limited to, acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, other than those of Company or its suppliers, or UPLAB OÜ, that prevent UPLAB OÜ from furnishing the materials or equipment, services, and other like events that are beyond the reasonable anticipation and control of the party affected thereby, despite such party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a party’s failure to perform its obligations under this Agreement. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall remain in force and shall be interpreted so as to best effect the intent of the partie