These General Terms of Business (“General Terms”) apply to the delivery of services by KPI Organization to a client pursuant to a letter enclosing these General Terms and recording the engagement (“the Engagement Letter”).
KPI Org (“KPI Org”) is an Indian entity. Member firms of the KPI Org network of independent firms are affiliated with KPI Org.
KPI Org provides no client services. Services are provided solely by member firms in their respective geographic areas.
The information contained and accessed on this site (the "Site") is provided by the KPI Org entity indicated on the homepage as owner of the Site ("KPI Org") for general guidance and is intended to offer the user general information of interest. The information provided is not intended to replace or serve as substitute for any audit, advisory, tax or other professional advice, consultation or service. You should consult with a KPI Org professional in the respective audit, advisory, tax or other professional area to obtain such services.
The application of laws and regulations may vary depending on specific facts or circumstances. Due to the nature of electronic communication processes, KPI Org does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided 'as is' without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall KPI Org, KPI Org, or any KPI Org member firm, or any of their respective partners, principals, agents or employees, be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including but not limited to, liability for loss of use, data or profits), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the Site, any content on or accessed by use of the Site, or any copying, display or other use.
As content on the Site (including any concepts, ideas, methods, procedures, processes, know-how, techniques, programs, publications, models, products templates, technologies, software, designs, art work, graphics and information on or described in the Site) may be copyrighted, proprietary and subject to intellectual property or other rights (which rights are owned by KPI Org, a member firm of the KPI Org network of independent firms or other third parties), any unauthorized use of any materials on the Site may violate copyright, trademark and other laws or applicable intellectual property or other rights. Users are encouraged to print or distribute content (e.g., via link on a social network) provided that:
Materials on the Site may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without explicit written permission from the appropriate content or material provider (including third-party links). KPI Org bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by KPI Org.
The KPI Org name and logo are registered trademarks or trademarks of KPI Org and other product and service names mentioned on the Site may be the registered trademarks or trademarks of KPI Org or a member firm of the KPI Org network of independent firms or their respective affiliates. Use of these marks requires express prior permission from, and a license agreement with, KPI Org or a KPI Org member firm. Unauthorized use of these and any other of KPI Org's portfolio of trademarks will be prohibited to the fullest extent of the law. To request this written approval, contact the webmaster or use the "Contact us" feature.
Third-party links are provided as a convenience to our users. KPI Org does not control and is not responsible for any of these sites or their content. KPI Org vigorously protects its reputation and trademarks and KPI Org reserves the right to request removal of any link to our web site.
The following web link activities are explicitly prohibited by KPI Org and may present trademark and copyright infringement issues:
Services means the services to be delivered by us under the Engagement Letter. KPI Organization or we (or derivatives) means the KPI Organization contracting party as identified by the Engagement Letter. Engagement Team means KPI Organization Persons (excluding corporate bodies) involved in delivering the Services. you (and derivatives) means the addressee (or addressees) of the Engagement Letter. Services Contract means the contract formed by the Engagement Letter and these General Terms, together with any appended other terms applicable to the Services (“Additional Terms”). KPI Organization Persons means the KPI Organization contracting party, each and all of our partners or directors, employees and agents, together with any other body associated with us and each and all of its partners, directors, employees and agents and “KPI Organization Person” shall mean any one of them. Other KPI Organization Person(s) means, collectively or individually, KPI Organization Persons who are not members of the Engagement Team. agents (when referable to KPI Organization) means persons whom we authorise to act on our behalf or whom we treat as our employees, and for whose conduct we accept responsibility, in connection with the Services. Other Beneficiaries means any person or organisation identified in and for whom you sign the Engagement Letter (other than you) as a beneficiary of the Services or any product thereof.
1 The Engagement Letter shall set out the Services to be delivered by us and associated matters and may vary these General Terms.
4 We may acquire sensitive information concerning your business or affairs while delivering the Services (“Confidential Information”). We shall preserve the confidentiality of Confidential Information and we shall not disclose it beyond the Engagement Team unless permitted by you or by this clause. We shall comply with the confidentiality standards of the ICAEW and we shall adhere to the confidentiality restrictions of any other Indian authority with powers over us, as well as any obligations imposed on us by Indian Law. We shall be entitled to comply with any requirement of Indian Law, the ICAEW, or any other Indian regulatory body with powers over us, to disclose Confidential Information. Information relating to you, to our relationship with you, and to the Services, including Confidential Information, may be shared by us with Other KPI Organization Persons, and may be accessed by other parties who facilitate the administration of our business or support our infrastructure. We shall remain responsible for preserving confidentiality if Confidential Information is shared with Other KPI Organization Persons or accessed by such other parties. We may remove, or arrange for the removal of, names and any other identifiers from Confidential Information and then use such anonymised information for lawful purposes chosen at our discretion. This clause shall not apply where Confidential Information properly enters the public domain. This clause shall not prohibit our disclosure of Confidential Information, in confidence, to our professional indemnity insurers or advisers. For the purposes of marketing or publicising or selling our services we may wish to disclose that we have performed work (including the Services) for you, in which event we may identify you by your name and we may indicate only the general nature or category of such work (or of the Services) and any details which have properly entered the public domain.
11.1 We may charge interest on any outstanding balances at the statutory rate from time to time in force (this rate applying after as well as before any court award or judgement in our favour in respect of outstanding balances).
11.2 If the Services Contract is terminated or suspended, we shall be entitled to payment for outlays incurred and to payment of fees for Services performed, plus VAT thereon (where appropriate). Our fees shall in this event be calculated by reference to our hourly rates at the time of performance of the Services.
11.3 Where there is more than one addressee of the Engagement Letter, unless the Engagement Letter provides otherwise, all of you shall be liable to pay our Charges in full separately and together as a group.
11.4 If we are required by any court or regulatory body in any proceedings or forum in which we are not a party or participant but you are, or if we are required by a parliamentary select committee or body, to provide information or to produce documents relating in any way to the Services, you shall pay our costs incurred in preparing for and responding to any such requirement at our standard rates applicable at the time of responding, together with outlays including legal expenses, and VAT thereon (where appropriate).
The Services Contract
Third party rights
Limitations on our liability
35.1 You and Other Beneficiaries shall not bring any claim against any KPI Organization Person or anyone else except the KPI Organization contracting party in respect of loss or damage suffered by you or by Other Beneficiaries arising out of or in connection with the Services. This restriction shall not operate to limit or exclude the liability of the KPI Organization contracting party for the acts or omissions of anyone involved in delivering the Services.
35.2 Any claim from you or Other Beneficiaries in respect of loss or damage suffered as a result of, arising from or in connection with the Services Contract, whether in contract or tort or under statute or otherwise, must be made © 2014 KPI Organization LLP, a India limited liability partnership, is a member firm of the KPI Organization network of independent member firms affiliated with KPI Organization LLC, an Indian entity. All rights reserved. General Terms v6.2 - 10.14 • if Services have been delivered, within four years of the date of the activity giving rise to the claim • if the Services Contract has been terminated, within four years of the date of termination (subject to the bullet above) • if the claim relates to our unauthorized disclosure of Confidential Information, within four years of the date on which the unauthorized disclosure took place and in any of these cases that shall be the date when the earliest cause of action (in contract or tort or under statute or otherwise) shall be deemed to have accrued in respect of the relevant claim. For the purposes of this clause a claim shall be made when court proceedings are commenced. Third parties
Law and jurisdiction
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