a) Except as may agreed to in writing between the Parties, these Conditions represent the complete agreement between the Parties and supersede any prior understanding or agreement.
b) Any notice that each party is obliged or allowed to send the other under these conditions must be sent to the other party in a way that is sufficiently notified to its address, registered office, or major place of availability, business, or conduct.
c) Neither party’s omission or delay in pursuing any of its rights under the Contract shall be construed as a waiver of such right, nor shall any party’s waiver of the other’s violation of any term of the Contract be interpreted as a waiver of any subsequent breach of the same or any other condition.
a) The Fee is inclusive of all equipment and personnel utilized. The Client shall also be billed for any expenses incurred.
b) Creative Education Consultancy will not accept any variation in the Fee without its express agreement in writing.
a) The Fee is inclusive of all equipment and personnel utilized. The Client shall also be billed for any expenses incurred.
b) Creative Education Consultancy will not accept any variation in the Fee without its express agreement in writing.
a) All invoices/fees shall be payable by the Client within ten (10) days of notice by Creative Education Consultancy unless specific payment terms are agreed.
b) Any dispute regarding an invoice must be raised by the Client in writing, detailing the nature of the dispute, without delay. Creative Education Consultancy will use reasonable endeavors to address and resolve any disputed elements within a mutually agreeable timeframe. The Client shall remain obligated to settle all undisputed amounts during the dispute resolution process.
c) If payment is not made on time (within ten (10) days of Creative Education Consultancy’s notice), Creative Education Consultancy reserves the right, without prejudice to its other rights, to charge an additional penalty on the outstanding amount.
d) Such penalty shall accrue both before and after any judgment and from the due date until the outstanding balance is paid in full.
e) The Client acknowledges and agrees to complete all required payments in full prior to receiving the Specified Consultancy Service. If timely payment is not made, the Service may be delayed or suspended until the outstanding balance is settled.
f) Further, the Client acknowledges that unless otherwise specified in this Agreement, any payments made are non-refundable.
g) The Client must complete the full settlement of all outstanding invoices and fees prior to any termination of the Service. If the Service is terminated by either party, the Client acknowledges that all amounts outstanding at termination shall remain due and payable. Creative Education Consultancy reserves the right to pursue any available legal remedies under this Agreement or applicable law to recover unpaid sums.
h) If prompt payment is not received, Creative Education Consultancy reserves the right to suspend provision of services until payment is made.
a) Any variations or amendments to the services as initially agreed must be approved in writing by both parties before implementation.
b) Creative Education Consultancy reserves the right to levy additional charges for any variations agreed or for any services not covered in the original scope. The Client will be notified in advance of any such supplementary fees, and work on the variations shall not commence until the Client’s written acceptance of the associated charges.
c) The Client shall pay Creative Education Consultancy’s Additional Expenses in full within ten days of the date of Creative Education Consultancy’s notice, without any set-off or other deductions.
d) No variation to the Agreement shall be effective or binding unless agreed in writing between the Parties.
a) Creative Education Consultancy shall endeavor to deliver the Specified Consultancy Service to the Client in a professional manner, exercising reasonable skill and care.
b) Creative Education Consultancy disclaims all liability for the Client’s use or application of any data, documents or information provided.
c) Nothing shall preclude Creative Education Consultancy from offering similar services to other parties.
d) In the event that any or all of the Key Personnel become unavailable, Creative Education Consultancy shall be entitled to designate substitute personnel of its choice and shall deploy such resources as deemed appropriate to provide the Specified Consultancy Service.
a) Creative Education Consultancy will provide certain consultancy services to the Client, subject to these Terms and any Specific and Overriding Terms and Conditions. Any changes or additions to the Specified Consultancy Service, Specification, Terms or Special and Overriding Terms must be agreed in writing between Creative Education Consultancy and the Client.
b) No terms stated in the Client’s purchase order shall be accepted, implied or incorporated into the Agreement.
c) In the event of any ambiguity or conflict between these Terms and the Special and Overriding Terms, the Special and Overriding Terms shall prevail.
d) The Specified Consultancy Service will be provided by Creative Education Consultancy in accordance with the Specification or such other descriptions, policies or announcements relating to the Consultancy Service as published by Creative Education Consultancy from time to time.
e) Creative Education Consultancy reserves the right, without liability to the Client, to correct any typographical errors or other errors or omissions in the Specification, brochure, promotional material or other documentation relating to the provision of the Specified Consultancy Service.
f) Creative Education Consultancy may at any time and without notice to the Client make alterations to the Specified Consultancy Service which are necessary to comply with any applicable legal requirements and which do not materially affect the nature or quality of the Specified Consultancy Service.
g) An order from the Client shall only be deemed accepted by Creative Education Consultancy if confirmed in writing by Creative Education Consultancy.
h) The Client alone shall be responsible for ensuring the accuracy of the terms of any order submitted to Creative Education Consultancy.
i) The Client may not cancel an accepted order unless agreed in writing by Creative Education Consultancy. The Client shall indemnify Creative Education Consultancy in full against all losses (including loss of profit and loss of commission income), costs, damages, charges, tuition refund costs and additional administrative expenses incurred by Creative Education Consultancy as a result of the cancellation.
j) The Client shall promptly provide Creative Education Consultancy with all necessary documentation and information required to enable provision of the agreed Specified Consultancy Service. The Client warrants the accuracy of all documents and information supplied.
k) Creative Education Consultancy accepts no liability for loss or damage to any required documentation, howsoever caused.
a) Termination of the Agreement by the Client is strongly discouraged. Once the Client enters into an Agreement with Creative Education Consultancy, the Client may not cancel the Agreement. If cancellation of the Agreement is effected by the Client, the specified ‘cancellation fee’ shall become payable by the Client to Creative Education Consultancy on a mandatory basis.
b) Alteration of the Specification, terms of service, or service ordered (switching from one service to another) may be possible through mutual communication with Creative Education Consultancy. Creative Education Consultancy remains committed to fulfilling the Specification outlined in the agreed Agreement with the Client to the fullest extent.
c) The cost of all and any work completed by Creative Education Consultancy up to the date of alteration of the Agreement and any costs incurred by Creative Education Consultancy shall be payable by the Client to Creative Education Consultancy on a compulsory basis.
Here’s how those sections would be written for Creative Education Consultancy:
a) Creative Education Consultancy undertakes to the Client that the Specified Consultancy Service will be performed with reasonable care and skill, in accordance with the Specification insofar as reasonably practicable, and at the intervals and times specified in the Specification.
b) Where Creative Education Consultancy supplies or facilitates the Client’s contact with a third party for any products or services by that third party in connection with the supply of the Specified Consultancy Service, no warranties or guarantees of any kind are given by Creative Education Consultancy concerning their quality, suitability for any purpose or otherwise.
c) Creative Education Consultancy disclaims all liability to the Client for any loss, damage, costs, claims for reimbursement or other matters arising from any Input Material or instructions supplied by the Client which are incomplete, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other act or omission of the Client or others engaged by the Client.
d) The dates given for delivery of the Specified Consultancy Service are estimates only. Creative Education Consultancy shall not be liable for any delay or non-performance in respect of the Specified Consultancy Service, nor shall any such delay or non-performance constitute a breach of contract by Creative Education Consultancy. Time shall not be of the essence for delivery of the Specified Consultancy Service unless specifically stated in the Special and Overriding Terms
a) In the event of a force majeure occurrence, each party shall promptly notify the other of the specific circumstances giving rise to the force majeure. During the continuance of such force majeure event, the affected party shall keep the other party fully informed of the status and any changes in circumstances.
b) Creative Education Consultancy shall not be liable for any breach of its obligations for reasons including but not limited to fire, strikes, political and economic turmoil, insurrection, riots, embargoes, material shortages, transportation delays, demands of civil or military authorities, war, civil unrest, or acts of terrorism.
c) The existence of a force majeure event shall not entitle the Client to terminate this Agreement, and neither party shall be held in breach of this Agreement or otherwise liable to the other for any non-performance or delay in fulfilling any of its obligations hereunder as a consequence of such force majeure event.
The Client is required to maintain strict confidentiality regarding any technical or commercial know-how, specifications, inventions, processes, or initiatives that are of a confidential nature and have been disclosed to the Client by Creative Education Consultancy or its personnel. The Client shall further keep confidential any proprietary information concerning Creative Education Consultancy’s business or services that may be obtained. The Client may disclose such confidential material solely to those of its employees, agents or subcontractors who need to know the same for the purpose of discharging the Client’s obligations to Creative Education Consultancy. The Client shall ensure that such employees, agents or subcontractors are bound by the same obligations of confidentiality as the Client.
Global academic admission and visa services, connecting students with top opportunities in the USA, UK, Canada, Australia, Europe & beyond.
Address: House #62, Road #03, Block #B, Niketan, Gulshan-1 1212,Dhaka Division, Bangladesh
Address: 147 ML Village, 6th floor, Shantinagar, Dhaka-1207,
Near Eastern Plus, Bangladesh
Address: 376 Birchmount Rd, Unit 12, Scarborough, Ontario, M1K 1M6, Canada
Copyright © 2024 Creative Education Consultancy
Developed by Softtech Solution Ltd.