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Terms and Condition

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Terms and Condition

This Freelancer Agreement is made on the date of submission of the application (the “Effective date”), between Z Axis Management (the “Company”) and the aforementioned applicant ( the “Freelancer”), herein inclusively referred to as the “Parties” for the purpose of outlining the exclusive terms and conditions by which the Company intends to avail the services of the freelancer.

1. Objective

The objective of this Agreement is to retain the Digital Partner to deliver digital, technical and creative services and solutions with reference to the Company’s platform usage or/and connected projects. This Agreement outlines the terms and conditions under which such services will be delivered.

2. Nature of Relationship

a. The Digital Partner is retained by the Company as an Independent Contractor, not as an agent, employee or authorized representative of the Company.
b. Nothing in this Agreement shall be interpreted as creating a partnership, joint venture, employer-employee relationship between the Parties.
c. The Digital Partner shall not presume any liability or obligation in the name of the Company.

3. Scope and Responsibilities

The Company and the Digital Partner shall coordinate to deliver premium digital services and solutions to the end-clients. The services may encompass, but are not restricted to :

a. Delivering end-to-end digital services for the Company's project including development, implementation, maintenance and management of digital solutions,
b. Co-ordination with the Company’s internal team to make sure that the deliverables comply with the confirmed timelines, performance standards and client’s specifications,
c. Further project-specific tasks as mutually agreed upon by the Parties.

4. Consideration

a. The Company shall process the consideration within 5 days of income realization in line with the milestone percentages mutually agreed by the Parties , after deducting a management fee of 15% from the total consideration payable to the Freelancer.
c. The Digital Partner shall be solely responsible for all taxes payable pertaining to the payment.

5. Intellectual Property

All intellectual property, designs, documents, code or other materials created under this Agreement shall remain the Company’s exclusive property, following the payment to the Digital Partner.

6. Non - Disclosure Obligation

The Digital Partner shall ensure strict confidentiality of all technical and client information received during the term of this agreement and shall not divulge or use such information for any purpose, except for performing the services agreed upon by them.

7. Liability and Indemnity

a. The parties shall be liable for their respective acts and omissions.
b. The Digital Partner shall indemnify the Company against any losses or damages arising from its misconduct or breach.
c. A Penalty of 50 % of the total project shall be imposed on the Freelancer for missing deadline or leaving the project midway.

8. Term of Agreement and Termination

a. This Agreement shall come into force on the Effective date and continue to be in force , until either party gives 30 days’ written notice of termination.
b. The Company reserves the right to terminate this Agreement in the event of breach, misconduct or non-performance by the Digital Partner.

9. Applicable Law and Dispute Settlement

a. This Agreement shall be subject to and interpreted in compliance with the laws of India.
b. Any dispute arising out of or with respect to this agreement shall first be attempted to be resolved amicably through negotiation. If the parties are unable to resolve the dispute through negotiation, the dispute shall be resolved by mediation. Failing resolution through mediation, the dispute shall finally be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 at (place) and the proceedings shall be conducted in English.
c. Nothing contained in this clause shall prevent either party from seeking relief from a competent court during the pendency of the dispute resolution proceedings.

10. Entirety of Agreement

a. This Agreement reflects and supersedes all prior discussions, understandings and agreements between the Parties, whether written or oral.
b. No amendment to this agreement shall have effect, unless it is agreed upon and signed by both the parties.