“Confidential Information” means any information related to the Engagement disclosed by the Client to the Company and by the Company to the Client, respectively, either directly or indirectly. Confidential Information may include, by way of example but without limitation, client work experiences, education, and other expertise, work materials, business lists, and client records.
“the Company” is therein used to refer to Omil Staffing Services;
“Contract” means the contract between the Client and the Company which defines the scope of the Engagement and the services to be rendered by the Company, as well as the fee schedule for said services;
“the Engagement” means any agreement, in whatever form, reached between the Company and the Client pursuant to which the Company agrees to render services to the Client in exchange for a fee plus costs;
“Project” means the services to be provided by the Company to the Client as specified in the Purchase Order;
“Purchase Order” means the document (i) setting out the services to be provided by the Company to the Client and (ii) listing any documents and the like to be provided by the Client to the Company such that the Company may perform the Project;
These General Terms and Conditions govern the provision of all services from or on behalf of the Company to the Client and apply to all legal relationships between the Company and the Client.
These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any order placed by the Client and any other terms and conditions submitted by the Client. Failure of the Company to object to terms and conditions set by the Client shall in no event be construed as an acceptance of any terms and conditions of the Client. Neither the Company’s commencement of performance nor the Company’s delivery of services shall be deemed or constituted as acceptance of any of the Client’s terms and conditions. Any communication or conduct of the Client which confirms an agreement for the provision of services by the Company, as well as acceptance by the Client of any provision of services from the Company shall constitute an unqualified acceptance by the Client of these General Terms and Conditions.
By contracting on the basis of these General Terms and Conditions, the Client agrees to the applicability thereof in respect of future agreements between itself and the Company, even if this is not expressly stated.
The Company shall determine the manner in which and the person by whom the Engagement will be carried out, taking into account, as far as is feasible, the reasonable requests expressed by the Client.
The Company shall complete the Project with reasonable skill, care and diligence in accordance with industry standards and the Contract.
The Client hereby accepts that the time schedule allocated for the performance of an Engagement may be subject to change in case of amendment to the Engagement and/or the services to be provided thereunder after conclusion of the Engagement.
In case of any change of circumstances under which the Engagement is to be performed which cannot be attributed to the Company, the Company may make any such amendments to the Engagement as it deems necessary to adhere to the agreed quality standard and specifications.
The Company may, at its discretion and, where possible, in consultation with the Client, replace the person or persons charged with performing the Engagement, if and in so far as the Company believes that such replacement would benefit the performance of the Engagement.
The Company shall provide the Client with such reports of work on the Project at such intervals and in such form as the Client may from time to time require. The Client has the right to notify the Company that it wishes to modify its requirements in relation to the Project. Such modifications shall not enter into effect until the parties have agreed on the consequences thereof such as to the Contract fee and the completion date of the Project.
Pursuant to (3.6 above), the Company retains the right to determine modifications on any project. If Client’s request for modification on the project contravene industry standards, the Company retains the right not to carry out such modifications.
The Client shall at all times duly make available to the Company all information and documents that the Company deems necessary to be able to carry out the Engagement correctly, in the specified form and manner. Also, the Client shall provide all cooperation required for the proper and timely performance of the Engagement.
The Client shall duly inform the Company of any facts and circumstances that may be relevant in connection with the execution of the Engagement.
Furthermore, the Client shall guarantee the correctness, completeness and reliability of any information provided to the Company.
The Client shall bear all the responsibilities, including losses, that accrue from misrepresentation of information provided to the Company. Furthermore, the Client shall bear the costs of any modification requested on the Project.