Terms of Service
Effective Date: September 1st, 2024
Welcome to Carolina Posma (referred to as “Company”), based in Dubai, UAE. By accessing or using our services, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please refrain from using our services.
1. Scope of Services
The Company provides automation services, consulting, and AI-powered solutions (“Services”). The scope of the Services is defined in the contract signed by the Client and the Company.
2. No Guarantees of Results
While we strive to deliver high-quality Services, the Company makes no representations or guarantees regarding the results of its Services. Any performance data, success rates, or anticipated results shared are illustrative and should not be considered as guarantees of specific outcomes.
3. Client Responsibilities
Clients are responsible for providing accurate, up-to-date, and complete information necessary for the execution of the Services. Failure to do so may result in delays or incomplete services for which the Company holds no liability.
4. Intellectual Property
All intellectual property created by the Company, including but not limited to processes, documentation, code, and software, remains the sole property of the Company unless explicitly transferred through written agreement. Clients are granted a non-exclusive, non-transferable license to use the deliverables for the purposes defined in the contract.
5. Fees and Payments
All fees for the Services are outlined in the applicable contract. Payments are due as per the agreed terms, and failure to pay may result in suspension or termination of Services. All fees are non-refundable unless otherwise specified in the contract.
6. Limitation of Liability
To the maximum extent permitted by law, the Company’s total liability to the Client, whether in contract, tort (including negligence), or otherwise, arising from or in connection with the Services, shall be limited as follows:
1. For monthly-based services: The liability shall not exceed the value of one month’s invoice for the Services in question.
2. For project-based services: The liability shall not exceed the total fees paid for the specific part of the project under which the claim arises or 15% of the total project value, whichever is lower.
3. For hourly-based services: The liability shall not exceed the total amount paid for the last month of services rendered.
In no event shall the Company be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, business interruptions, or loss of data.
7. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company and its affiliates, employees, and contractors from any claims, damages, liabilities, or expenses arising from the Client’s use of the Services or any breach of these terms.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the engagement. The Client acknowledges that the Company may use third-party services or contractors as part of its operations and agrees that this does not constitute a breach of confidentiality.
9. Non-Solicitation
The Client agrees not to solicit, hire, or attempt to hire any of the Company’s employees or contractors during the term of the agreement and for a period of one year following the termination of the agreement. Any violation of this clause may result in legal action and the Company reserves the right to claim damages.
10. Data Protection & Privacy
The Company agrees to handle all personal data provided by the Client in compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) for clients based in the European Union. The Company will only process personal data for the purpose of providing the Services and will implement appropriate security measures to protect the Client’s data.
11. Warranties and Disclaimers
The Company provides the Services on an “as-is” and “as-available” basis. The Company makes no warranties, expressed or implied, regarding the performance or functionality of the Services. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Client uses the Services at their own risk.
12. Subcontracting
The Company reserves the right to subcontract any part of the Services or utilize third-party providers to fulfill its obligations. The Company remains responsible for ensuring that all subcontractors and third-party providers comply with these Terms of Service and maintain the quality of deliverables agreed upon with the Client.
13. Termination
Either party may terminate the agreement with 30 days’ written notice. In the event of termination by the Client, no refunds will be provided for services already rendered. The Company reserves the right to terminate the agreement immediately for non-payment, breach of terms, or any other justifiable cause.
14. Force Majeure
The Company shall not be liable for any failure to perform its obligations where such failure is due to causes beyond the Company’s reasonable control, including but not limited to natural disasters, war, labor strikes, or governmental regulations.
15. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes arising from these terms or the use of the Services shall be resolved in the courts of Hong Kong.
16. Amendments
The Company reserves the right to amend or modify these Terms of Service at any time. Clients will be notified of any material changes, and continued use of the Services after such modifications constitutes acceptance of the updated terms.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: hello@carolinaposma.com
