Term of Service
Last Modified 02 Feb, 2024.

DEFINITIONS

In these conditions, “Effets Visuels Digikore Inc” , located at Address: 4388 Rue Saint-Denis Suite 200 #293 Montreal, QC H2J 2L1, upon whose document these conditions are endorsed. The term "Customer" designates the individual, entity, or organization to whom such document is addressed.

FORMATION OF CONTRACT

2.1 Terms and Conditions All goods, services, or facilities are offered, and all contracts are entered into subject to the following conditions of business by Effets Visuels Digikore Inc. There are no terms, conditions, or warranties as to merchantability, fitness for any purpose, or otherwise, which extend beyond the express terms, conditions, and warranties accepted by Effets Visuels Digikore Inc in writing. All other terms, conditions, or warranties whatsoever are, to the maximum extent permitted by law, excluded from the contract or any variation thereof unless expressly accepted by Effets Visuels Digikore Inc in writing. No employee or agent of Effets Visuels Digikore Inc has the power to vary these conditions orally or to make any statement or representation about the goods, services, or facilities offered, their fitness for any purpose, or any other matter whatsoever.

2.2 Incorporation into Contract These conditions shall be incorporated into any contract between Effets Visuels Digikore Inc and the Customer to the exclusion of any terms or conditions stipulated or referred to by the Customer. Any dealings with Effets Visuels Digikore Inc following the receipt by the Customer of notice of these conditions shall automatically be deemed acceptance thereof, notwithstanding the absence of formal acknowledgment.

2.3 Quotations and Estimates Unless otherwise expressly stated in writing, all quotations and estimates supplied by Effets Visuels Digikore Inc are invitations to make an offer. The Customer’s order is an offer and shall become binding upon acceptance by Effets Visuels Digikore Inc.

PRICES

3.1 Pricing and Adjustments All prices quoted are exclusive of applicable sales taxes. Effets Visuels Digikore Inc shall further be entitled to make an adjustment to the quoted price in the event that:

3.1.1 Unsuitable Materials Additional costs are incurred by Effets Visuels Digikore Inc due to materials supplied by the Customer being, in the opinion of Effets Visuels Digikore Inc, of unsuitable quality for normal processing.

3.1.2 Inaccurate Information The information supplied by the Customer in connection with its order does not provide a full and accurate indication of the work involved.

3.1.3 Alterations by Customer Additional costs are incurred by Effets Visuels Digikore Inc due to alterations by the Customer in its requirements.

3.1.4 Exceptional Circumstances Additional costs are incurred by Effets Visuels Digikore Inc due to exceptional circumstances outside the control of Effets Visuels Digikore Inc, including, without limitation, currency fluctuations.

TERMS OF PAYMENT

4.1 Payment Terms Subject to condition 5.2 and unless otherwise agreed by Effets Visuels Digikore Inc in writing, all invoices rendered by Effets Visuels Digikore Inc are payable within 30 days of the dates thereof.

4.2 Payment Options Effets Visuels Digikore Inc expressly reserves the right, at its sole option, to require payment by installments during the performance of the contract and/or payment of all amounts owing to Effets Visuels Digikore Inc immediately prior to delivery.

4.3 No Set Off or Counterclaim The Customer shall pay all amounts owing to Effets Visuels Digikore Inc in full and shall not exercise any rights of set off or counterclaim against invoices submitted.

CANCELLATION

5.1 Cancellation and Variation Any contract between Effets Visuels Digikore Inc and the Customer may only be canceled or varied with the written consent of Effets Visuels Digikore Inc and upon the terms of these conditions. The giving of ’s consent shall not in any way prejudice Effets Visuels Digikore Inc’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation.

5.2 Notice of Cancellation Charges Without prejudice to any other rights or remedies available to Effets Visuels Digikore Inc, if notice of cancellation of a booking is received by Effets Visuels Digikore Inc less than 24 hours prior to the date for performance of the contract, Effets Visuels Digikore Inc shall be entitled to charge such booking in full under Effets Visuels Digikore Inc’s rate card current at the date of such cancellation. If such a notice of cancellation is received less than five working days but more than 24 hours prior to the date for performance of the contract, Effets Visuels Digikore Inc shall be entitled, without prejudice to any other rights or remedies available to it, to charge such booking at one half of the full rate under Effets Visuels Digikore Inc’s rate card current at the date of such cancellation.

TITLE AND IP OWNERSHIP

6.1 Transfer of Title Title to the goods the subject of the contract or any relevant part thereof shall only pass to the Customer upon the Customer paying to Effets Visuels Digikore Inc all sums due and payable by it to Effets Visuels Digikore Inc under the relevant contract and all other prior contracts between Effets Visuels Digikore Inc and the Customer.

6.2 Copyright Assignment Upon full payment by the Customer, Effets Visuels Digikore Inc, with full title guarantee, will assign to the Customer (by way of assignment of present and future copyright) the entire copyright and all other rights of whatsoever kind or nature throughout the world in and to all the products of Effets Visuels Digikore Inc’s services.

6.3 Ownership Retention Without prejudice to the assignment referred to in condition 10.2, for the avoidance of doubt, Effets Visuels Digikore Inc shall retain ownership of the following: computer software, technical processes, trade secrets, and technical devices and know-how developed by or used by Effets Visuels Digikore Inc in order to create the goods or services, excluding any third-party software.

LEGAL

7.1 Governing Law and Jurisdiction The contract shall be governed and interpreted exclusively according to the laws of the Indian Judiciary (without regard to its conflict of laws principles) and shall be subject to the exclusive jurisdiction of the High Court and Supreme Courts of that state located in Mumbai, INDIA. The Customer hereby waives any right it may have to a trial by jury with respect to any claim arising out of or related to any contract with Effets Visuels Digikore Inc.

7.2 Attorney Fees and Damages If Effets Visuels Digikore Inc files an action against the Customer claiming a breach of these Conditions and Effets Visuels Digikore Inc prevails, then Effets Visuels Digikore Inc shall be entitled to recover reasonable attorney fees and any damages or other relief that Effets Visuels Digikore Inc may be awarded.

Table of contents

  • 1. Definitions
  • 2. Formation of contract
  • 3. Prices
  • 4. Terms of payment
  • 5. Cancellation
  • 6. Title and ip ownership
  • 7. Legal

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