Terms And Conditions
Application and entire agreement
- These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by NetworkBD (we, us, or Service Provider) a company whose registered office is at House # 160 (6th Floor), Road# 08. Block # F. Bashundhara R/A Dhaka, Bangladesh, 1229 to the person (you or Customer) buying the services.
- You are obliged to accept these Terms and Conditions once you agree to our quote or when the Services are rendered (whichever comes first), and these Terms and Conditions, together with our quotation (the Contract), constitute our whole agreement.
- You recognize that no statement, promise, or known as visual or delivered by or on NetworkBD’s behalf has been relied upon by you. To the absence of any additional conditions that you seek to enforce or incorporate, or that are inferred by business, usage, practice, or course of dealing, these Terms apply to the Contract.
- Any day that is not a Friday, Saturday, or public holiday is referred to as a “business day.”
- The titles in these Terms and Conditions are for reference only and have no bearing on how they should be interpreted.
- Words that convey the single number must also convey the plural number and likewise.
- We guarantee that we will perform the Services with reasonable care and skill, in accordance with the estimate, including any specifications, in all material aspects. We reserve the right to make modifications to the Services in full compliance with any applicable legislation or necessary safety, and we will tell you if this is the case.
- We will use reasonable efforts to finish the Services within the agreed-upon time frame or as specified in the quotation; however, time is not of importance in the fulfillment of our obligations.
- Unless we express differently, the following Terms and Conditions apply to the delivery of any Services.
- You must acquire any approvals, consents, permits, or other authorizations that we may require, and you must grant us admission to all relevant information, materials, properties, and other matters that we may require in order to deliver the Services.
- When you do not cooperate with clause 1, the Services may be terminated.
- If you fail to adhere to the standards of this section, we are not responsible for any inability to offer the Services (Your obligations).
- The Services fees are specified in the estimate and are based on time and materials.
- In conjunction with the Fees, we may be able to collect the following from you:
- a) reasonable incidental expenses, such as travel charges, lodging costs, subsistence, and any other connected expenses
- b) the costs of third-party services that we require for the quality of the Service.
- c) the expenditure of any materials necessary to provide the Services.
- You must reimburse us for any extra services we offer that are not stated in the quotation at our then-current, relevant to the daily rate in place at the time of performance, or at such other rate as we may agree. These additional services are subject to the rules of section 2.
- Any relevant VAT and other taxes or fees levied or imposed by any government body are included in the Fees.
Cancellation and amendment
- We have 7 days from the time of the quotation to withdraw, cancel, or change a quotation if it cannot be accepted by you or if the Services haven’t yet begun.
- Due to your approval or rejection of the quotation, either we or you may cancel an order for any reason.
- You must notify us in writing form if you want to change any of the Services’ details. Any required adjustments will be made with reasonable effort, and any extra fees should be included in the Fees and charged to you.
- When we have to make significant adjustments to the Services or how they will be offered owing to unpredictable circumstances, including those described in the section below, we will tell you as soon as possible. We shall make every effort to limit any such adjustments to a bare minimum.
- We shall send you an invoice for payment of the Fees either when the Services are finished or on the invoice dates specified in the quotation.
- You must make a payment due within 3 days from the date of our invoice, or according to any credit conditions we have agreed upon.
- The Contract’s payment terms are of the utmost importance.
- If you do not pay within the time period set forth above, we will charge you interest at a rate of 50% per annum above the Bank of Bangladesh’s base lending rate periodically on the unpaid amount until payment is received in full, without limiting any other rights we may have for statutory interest.
- Except as required by law, any outstanding debts under these Terms and Conditions must always be made in full without deductions or postponing, and neither of us can claim credit, set-off, or counterclaim against the other to justify delaying payment of any such sum in whole or in part.
- When you do not make payment within the timeframe specified above, we reserve the right to stop providing the Services and terminate any future services that you have requested or otherwise negotiated with us.
- We will only give payment receipts if you request them.
- Unless we agree otherwise in writing, all transactions must be made in BDT and USD.
Sub-Contracting and assignment
- We can assign, transfer, charge, subcontract, or otherwise deal with all of our obligations under these Terms and Conditions at any time, and we can subcontract or delegate any or all of our responsibilities to any third party at any time.
- You may not assign, transfer, charge, sub-contract, or otherwise deal with all or any of your rights or responsibilities under these Terms and Conditions without our prior written agreement.
We can terminate the supply of the Services when you:
- conduct a substantial breach of your responsibilities below these Terms and Conditions, we may immediately terminate the supply of the Services.
- fail to pay any price due underneath the Contract by the due date.
- are or will be the subject of a bankruptcy order, or will, in our reasonable view, be about to be the subject of a bankruptcy order, or will enjoy the benefits of any other legislation for insolvent debtor relief.
- engage into a voluntary arrangement with its creditors under Part 1 of the Insolvency Act 1986, or other plan or arrangement.
- call a meeting of your creditors, go into consensual or mandatory liquidation, appoint a receiver, manager, administrator, or administrative receiver in regard to your assets or undertakings, or any part of them, file any documents with the court for the initial consultation of a supervisor in respect of you, give a letter of intent to appoint a supervisor in respect of you, or give a letter of intent to appoint an administrator in respect of a qualifying payment of compensation holder (The Insolvency Act 1986).
- any criminal history, a background of violent character, or inappropriate conduct while using our services.
All copyright and other proprietary rights in any supply of goods in conjunction with the performance of the Services are reserved by us. We intend to take any action necessary to prevent or restrict the violation of such copyrights.
Liability and indemnity
- Our obligation under these Terms and Conditions, as well as in breach of statutory duty, tort, misrepresentation, or otherwise, is limited to the extent set forth in this section.
- Our liability is restricted to the whole amount of Fees due under the Contract.
- In affiliation with our performance of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation, we are not liable for:
- any losses, injury, expenses, or expenditures incurred as a result of any indirect, special, or catastrophic loss, malfunction, expenses, or expenditures.
- any loss of profits; loss of expected earnings; lost revenue; loss of data; damage to reputation or goodwill; interruption of operations; or other third-party claims.
- any inability to execute any of our duties due to a delay or failure beyond our reasonable control.
- any losses resulting directly or indirectly from any failure or breach of your responsibilities.
- any damages incurred directly or indirectly as a result of your selection of Services and how they will fulfill your needs, or your usage of Services.
- You must hold us harmless from any and all damages, charges, claims, and expenditures resulting from any injury or destruction to any property material (as well as of third parties) incurred by you, your agents, or employees.
- None of those Terms and Conditions limits or excludes our death or personal injury damage caused by our negligence, for any criminal fraud, or for any other matter for which barring or restriction of responsibility would be illegal.
- In the course of providing Services to the Customer, the Provider may have access to and/or obtain the capacity to exchange, store, or process personal information of the Customer’s employees.
- The parties agree that, where personal data is processed, the Customer is the “data provider,” and the Service Provider is the “data controller,” as defined in the General Data Protection Regulation (GDPR), as modified, extended, and/or re-enacted from time to time.
- To avoid ambiguity, the terms “Personal Data,” “Processing,” “Data Controller,” “Data Provider,” and “Data Subject” shall have the very same significance as in the GDPR.
- The Service Provider shall only Collect Personal Information to the extent reasonably necessary to enable it to provide the Services described in these terms and conditions or as demanded by and agreed with the Customer. The Service Provider shall not retain any Personal Data for longer than is necessary for the Processing and steer away from Accessing any Personal Data for own or for the purposes of any third party.
- Except for employees, directors, agents, sub-contractors, or advisors with a prescriptive ‘need-to-know’ premise and only under as much or more comprehensive circumstances as set out in these terms and conditions or to the level accordance with all applicable legislation and/or regulations, the Service Provider will not disclose Personal Information to any third parties apart from the staff, directors, agents, sub-contractors, or advisors.
- The Service Provider shall adopt and maintain the organizational and technological security protocols essential to preserve Personal Data Processed on the Customer’s behalf.
Circumstances beyond a party’s control
None of us is responsible for any mistake or delay in completing our commitments if the failure or delay is caused by something beyond that party’s reasonable control. Industrial action, civil disturbance, wildfire, flood, storm, earthquakes, acts of terrorism, military actions, governmental policy, or any other occurrence outside the control of the party in issue are examples of such reasons. If the postponement continues for more than 90 days, either of us has the right to end or terminate the Services provided under those same Terms and Conditions.
In these Terms and Conditions, all notices must be in writing to be enforceable by or on behalf of the party delivering notice. Notices are deemed duly given:
- When conveyed by courier or other messaging services (including registered mail) during the recipient’s normal business hours.
- After being sent, if conveyed by fax or email and a successful transfer document or return receipt is produced.
- On the fifth business day having followed mailing if mailed by national ordinary mail.
- If mailed by airmail, on the tenth business day after mailing.
- All notices below these Terms and Conditions should be sent to the other party’s most current address, email address, or fax number.
A party’s delay, act, or omission in asserting any right or action will not be construed as a waiver of these or any other right or remedy, nor will it prevent the party from exercising that or any other right or remedy in the future.
If any of these Terms and Conditions are determined to be illegal, invalid, or otherwise unenforceable, those portions will be severed from the rest of the Terms and Conditions.
Law and jurisdiction
This Agreement will be regulated by and defined in accordance with Bangladeshi law, and all disputes arising out of it (including non-contractual disagreements or disputes) will be resolved exclusively by Bangladeshi courts.
Should you have any feedback, comments, requests for technical support, or other inquiries, please contact us by email: [email protected].