[TERMS-& CONDITIONS]
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thothloki terms & conditions
every content used here in this website crafted and copy righted under thothloki.com [tm]
every content used here in this website crafted and copy righted under thothloki.com [tm]
Thoth Loki: Terms and Conditions
1. Project Scope and Deliverables (1.1-1.5):
1.1. This will forms the basis of our project proposal and will contain a breakdown of the specific work to be embarked upon before the project is commenced.
1.2. All alteration or variation of the scope of the project should be in writing and in the form of a written amendment, which should be signed by Thoth Loki and the client.
1.3. Thoth Loki will ensure there is a project tracking tool in place to ensure all projects follow project management, timelines, and deliverables. This system will be available to the client in order to be used in updating and collaborating on the process.
1.4. At the planned project frequencies, Thoth Loki shall be offering compilation products to the clients for their endorsement.
1.5. Some client review cycles for each deliverable will be allowed (state how many in the proposal). Any further changes may be charged at an additional cost.
2. Fees and Payment Terms (2.1 - 2.4):
2.1. Thoth Loki has available several forms of engagement with Russia, such as
thothloki has a somewhat different business model: one of the suites (packages) is active throughout the year, while the others are disabled during their time.
Year One: The BRANDING SUITE is available for purchase. The Campaign Suite and Empire Suite are inactive, but the Eco-Tech Suite remains free for nine years.
Year Two: The CAMPAIGN SUITE is available for purchase. The branding suit and the empire suit are inactive.
Year Three: The Empire Suite is offered for sale. The branding suit and campaign suit are idiopathic which has been agreed on by all the participants.
The Eco-Tech Suite will be launched after 9 years. Until then, it will remain unleashing to the people but with some conditions.
This cycle means that each of the suites gets proper attention and helps Thothloki to propose the services that have no competitors.
2.2. The payment terms preferred in most sales are net fifteen days from the date of issue of the invoicing. Failure to meet the stated due dates may attract a penalty, such as an interest charge for delayed balance payment of 1.5 percent per month.
2.3. An initial payment of [30 percent] of the total project fee may be necessary before beginning the project.
2.4. In relations to the retainer agreements, billing will be on [monthly/Quarterly] basis..
3. Client Responsibilities (3.1 - 3.4):
3.1. The client undertakes to avail all necessary information and material regarding the brand to Thoth Loki on time this includes information such as history of the brand, be involved in the development of ideas, target market identification, and competitor analysis.
3.2. The client is required to give feedback during the project process in order to enhance the effectiveness of the engagement.
3.3. In order to keep the project going, approval schedules on the deliverables will be set. The client confirms the deadline, and he/she is expected to study the case solution and give his/her opinion.
3.4. The client has to appoint a person to be the only one interacting with Thoth Loki for any reason.
4. Intellectual Property (4.1 - 4.3):
4.1. This project is awarded to Thoth Loki for ownership of all ideas, plans, staking, approaches, and all forms of reports developed throughout the project, as per our agreements unless otherwise written.
4.2. The client will possess the original, released brand assets like the logo, brand guideline document, etc., meant for the client’s use only.
4.3. The company can agree on a separate licensing if the client so demands broader usage rights for some of the elements of intangible assets.
4.4 Global Consistency: Each client is required to adhere to the brand guide to the latter even in other operations in the global market. This makes sure that company’s image is not distorted by other brands which are affiliated to it.
5. Confidentiality (5.1 - 5.2):
5.1. Thoth Loki and the Client understand and acknowledge the nondisclosure policy adhered to during the course of the project concerning information that has not been made public.
5.2. Should either party want to, a non-disclosure agreement (NDA) can be made.
6. Term and Termination (6.1 - 6.4):
6.1. The term of this agreement will be for as long as the project will take, as described in the proposal document.
6.2. These contracts may be closed by both parties where the giving party also specifies the period (e.g., 30 days) and reason (e.g, failure to meet essential conditions of the agreement).
6.3. In the case of the termination, the pre-determined fee for tasks accomplished will be charged, Any work produced upon termination will also be delivered to the client.
6.4. Upon termination the client shall return or delete all documents and information received from Thoth Loki that contain information of a confidential nature.
7. Dispute Resolution (7.1 - 7.2):
7.1. Thoth Loki wants to set the records straight here and therefore is willing to resolve the issues settling the matter amicably. If there is any sort of conflict, we will first open our discussion and try to find the solution which will satisfactorily cater both the parties.
7.2. If the solution cannot be achieved in the appropriate time period, let’s say thirty days; the dispute resolution will be completed by [insert preferable option of dispute solving, for example, mediation or arbitration].
8. Governing Law (8.1):
8.1. This agreement shall be construed and shall take effect in accordance with the laws of [home jurisdiction].
9. Entire Agreement (9.1):
9.1. These Terms and Conditions together with the service agreement, forms the whole content of the contract that has been agreed between Thoth Loki and the Client excluding any other previous communication, discussions, promises, representations, negotiations, understandings and dealings between the parties.
10. Amendment (10.1):
10.1. These Terms and Conditions might be changed only by the signed written agreement between Thoth Loki and the Client.
11. Warranties and Disclaimers (11.1 - 11.2):
11.1. Thoth Loki represents and shall assure that the services shall be completed with professional and reasonable skill, care and diligence, as well as competence in accordance with the standards of the industry.
11.2. Thoth Loki denies any liability or guarantee of the success or result of the branding project and rejects all warranties-whether implied or expressed. The client understands that the success of the brand is affected by factors not within the control of Thoth Loki as they relate to market trends, implementation by the client, and post launch management of the brand.
12. Limitation of Liability (12.1 - 12.2):
12.1. In these circumstances, Thoth Loki’s responsibility under this arrangement will be limited only to the aggregate of fees paid by the Client for a particular service offered or particular services sought by the Client.
12.2. Each party shall be fully released and release the other from any indirect, incidental, consequential or punitive damages of any kind arising out of or relating to the agreement even if such party has been apprised of the possibility of such damages.
13. Force Majeure (13.1):
13.1. Not the Contractor or the Consultant shall be responsible for any loss or damage resulting from any delay or the inability to perform the terms of this agreement, whether due to reasons within or outside the parties’ control including but not limited to acts of God, natural disasters, civil unrest, and the like.
14. Independent Contractor Relationship (14.1):
14.1. Thoth Loki’s interaction with the client is not an employer-employee relationship, but that of a contractor. Thoth Loki reports for its own taxes and has the discretion on its own benefits.
15. Notices (15.1):
15.1. All notices required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, return receipt requested, or sent by overnight courier service to the addresses set forth below:
For Thoth Loki: THOTHLOKI [OPC] Pvt Ltd – 14/361, CHATHAN KUNNAN PURAKKAL, TANALUR, MEENADATHUR, Meenadathur – 676307, Malappuram – Tirur, Kerala, India
For Client: [Insert Address]
16. Severability (16.1):
16.1. Each party to this agreement shall bear the costs of their respective attorneys and other legal expenses in the event that a provision contained in this agreement becomes invalid or unenforceable.
17. Waiver (17.1):
17.1. Despite this, failure to see any breach or default from either party of the terms and conditions of this agreement shall not be construed to be a waiver of a later breach or default.
18. Assignment (18.1):
18.1. The client may not transfer this agreement to any third party without the prior written permission of Thoth Loki. Thoth Loki may delegate delegate this agreement to a successor in interest upon providing the client with written notice.
19. Headings (19.1):
19.1. The headings in this agreement are used for reference purposes and shall not be taken to form part of the agreement and therefore shall not be used to interpret it.
20. Survival (20.1):
20.1. Some of the sections of this agreement should naturally endure the terminating of the agreement and as such should endure the termination of this agreement. It is composed, but not restricted to, sections on confidentiality, ownership of generated intellectual property, and limits of liability.
21. Data Privacy and Security (21.1 - 21.2):
21.1. Thoth Loki has zero tolerance for privacy invasion or loss of the client’s information. When dealing with clients’ data, we shall follow all the parameter legal regulations pertaining data privacy acts.
21.2. It is the client’s responsibility to confirm that they posses all the necessary rights and permissions to release with Thoth Loki any personal data that might be used in project.
22. Subcontractors (22.1):
22.1. Thoth Loki will be entirely liable for any and all services pertaining to the project and will not use any sub-(contractors).
23. Marketing and Publicity (23.1 - 23.2):
23.1. Thoth Loki may use the client brand material and project outcomes for promoting the business with the express written consent of the client.
23.2. The client may sell the final, approved brand assets produced by Thoth Loki to market and promote the company.
24. Client Testimonials (24.1):
24.1. Here the client may be requested to drop his / her testimonial of the encounter had with S. Thoth Loki out. The client also has permission to endorse the final word spoken by Thoth Loki or written on a testimonial. The client has the right to approve the final wording of any testimonial used by Thoth Loki.
25. Force Majeure Notification (25.1):
25.1. In the case of Force Majeure (as described in section 13.1), the party affected shall give the other a written notice of such circumstances as soon as can be practicable with particulars of the event and expected effect on the projected period for completion or the task that was to be done.
26. Feedback and Dispute Resolution Process (26.1 - 26.3):
26.1. Thoth Loki therefore appreciates feedback from the clients and aims at satisfying the clients needs. The client is advised to forward any questions and or concerns he or she may have to the appointed Thoth Loki project manager directly.
26.2. Thoth Loki will kindly and within the good faith make an effort to respond to all the concerns of the clients with an adequate amount of professionalism.
26.3. Failure to reach consensus at this level, shall mean that the parties should proceed to the next stage of dispute resolution as spelt out in section 7.
27. Governing Law and Jurisdiction (27.1):
27.1. The law governing this agreement shall be the laws of the State of [Kerala], and any matter connected with this agreement shall be decided by the courts of [India] County, State of [Kerala] only.
28. Entire Agreement; Severability (28.1 - 28.2):
28.1. Any existing provisions or terms and conditions in either the Client’s or Thoth Loki’s reasonable previous communications, proposals, negotiations, act or conduct shall be deemed merged into and may not be used to add, alter, amend, change, modify, supplement or qualify these Terms and Conditions and the signed service agreement.
28.2. An invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any of the other provisions of this agreement.
29. Attorney's Fees (29.1):
29.1. As regards any action or proceeding arising from or relating to this agreement, the party that emerges as the winner shall, in addition to other damages, be entitled to a reimbursement of all its attorney fees and costs.
30. Waiver (30.1):
30.1. Neither party shall be deemed to have waived any breach or right of default under the terms hereof occasioned by either party provided that the non-occurrence of a waiver shall not preclude a subsequent occurrence of a waiver.
31. Binding Effect (31.1):
31.1. This agreement shall be for the benefit of the parties hereto and their heirs, executors, administrators, successors and permitted assign.
32. Counterparts (32.1):
32.1. This agreement may be signed in counterparts, but it will be deemed that each of such counterparts is an original whereas all of them together comprise one and the same instrument.
33. Survival (33.1):
33.1. Not be limited to, provisions of this agreement which by their nature ought to survive termination of this agreement shall survive termination of this agreement. This ranges from such parts as confidentiality, ownership of intellectual property and warranties, and limitation of liability.
34. copyrighted (34.1):
34.1.All articles and contents posted here in this website is original and protected by copyright law exclusive for thothloki.com [R].
35. Term and Termination (35.1):
35.1. This section replaces section 6.1 on the term of this agreement. The term of this agreement as indicated above will be effective as of the Effective Date, the date of the latest signature below, and shall last until the completion of the Services or the termination of this Agreement in accordance with provisions of section 6.
36. Effective Date (36.1):
36.1. This Agreement shall take effect as of the date written on the top of the first page of this Agreement (the “Effective Date”).
37. Third party beneficiaries (37.1)
37.1. The execution of this Agreement is not to create any third-party rights to obtain any remedies in accordance with this Agreement.
38. Integration Clause (38.1):
38.1. It may be noted that the present Agreement is only an integral part of the legal relationships between the Parties with regard to the subject matter of the present Agreement and abolishes all the previous or simultaneous oral and written commitments, representations, and agreements.
39. Amendment (39.1):
39.1. This Agreement cannot be modified by the parties except in writing and evidenced by a writing signed by the parties hereto.
40. Governing Language (40.1):
40.1. The rights and obligations contained within this agreement will be performed and everything in this agreement will be translated into English language.
41. Severability (41.1):
41.1. Should there be any provision of this Agreement that is unlawful, null, void or unenforceable in any state or country, permission to exercise the balancing rights will be denied under that provision but the balance of the terms of this Agreement shall remain enforceable in all the other states and countries.
42. Relationship of the Parties (42.1):
42.1. The parties to the Agreement are independent contractors, and nothing in the Agreement will be construed as establishing a partnership or joint venture, employer-employee relationship or agency.
43. No Assignment (43.1):
43.1. Neither party shall delegate the performance of any of the commitments assumed by it hereunder to a third party without the prior written consent of the other party which consent shall not be unreasonably withheld.
44. Waiver (44.1):
44.1. Nothing contained herein shall constitute a waiver of any provisions hereof by any party against the other in the event of any failure or breach by such other party hereunder.
45. Severability (45.1):
45.1. Section 3 of this Section revokes Section 41 (Severability). If any part of the whole of this Agreement is found to be unlawful, void, or unenforceable, that part shall be severed, and the remaining part of this Agreement shall remain in full force and effect. As much as possible, where such invalid or unenforceable provision is noted, its meaning will be given as if it was never placed in this Agreement.
46. Equitable Relief (46.1):
46.1. Both parties also agree to the enforceability of paragraph 11 above: Each party agrees that the breach of provisions of this Agreement which have been specified in this clause would be damaging for the other party so as not to be cured by the payment of money and thus, the affected party shall have the right to seek an injunction in addition to any other available remedy at law and/or in equity.
47. Time of the Essence (47.1):
47.1. If a time is not made a condition of this Agreement, then no party shall be able to rely on time as being of the essence of the Agreement.
48. Entire Agreement (48.1):
48.1. This Agreement sets forth the entirety of the understanding of the parties with respect to the subject matter of this Agreement and replaces all prior and contemporaneous oral and written communications, negotiations, representations and agreements between the parties.
The parties are declared to expressly accept and adopt all the provisions of the agreement by their signatures below.
Thoth Loki: Terms and Conditions
1. Project Scope and Deliverables (1.1-1.5):
1.1. This will forms the basis of our project proposal and will contain a breakdown of the specific work to be embarked upon before the project is commenced.
1.2. All alteration or variation of the scope of the project should be in writing and in the form of a written amendment, which should be signed by Thoth Loki and the client.
1.3. Thoth Loki will ensure there is a project tracking tool in place to ensure all projects follow project management, timelines, and deliverables. This system will be available to the client in order to be used in updating and collaborating on the process.
1.4. At the planned project frequencies, Thoth Loki shall be offering compilation products to the clients for their endorsement.
1.5. Some client review cycles for each deliverable will be allowed (state how many in the proposal). Any further changes may be charged at an additional cost.
2. Fees and Payment Terms (2.1 - 2.4):
2.1. Thoth Loki has available several forms of engagement with Russia, such as
thothloki has a somewhat different business model: one of the suites (packages) is active throughout the year, while the others are disabled during their time.
Year One: The BRANDING SUITE is available for purchase. The Campaign Suite and Empire Suite are inactive, but the Eco-Tech Suite remains free for nine years.
Year Two: The CAMPAIGN SUITE is available for purchase. The branding suit and the empire suit are inactive.
Year Three: The Empire Suite is offered for sale. The branding suit and campaign suit are idiopathic which has been agreed on by all the participants.
The Eco-Tech Suite will be launched after 9 years. Until then, it will remain unleashing to the people but with some conditions.
This cycle means that each of the suites gets proper attention and helps Thothloki to propose the services that have no competitors.
2.2. The payment terms preferred in most sales are net fifteen days from the date of issue of the invoicing. Failure to meet the stated due dates may attract a penalty, such as an interest charge for delayed balance payment of 1.5 percent per month.
2.3. An initial payment of [30 percent] of the total project fee may be necessary before beginning the project.
2.4. In relations to the retainer agreements, billing will be on [monthly/Quarterly] basis..
3. Client Responsibilities (3.1 - 3.4):
3.1. The client undertakes to avail all necessary information and material regarding the brand to Thoth Loki on time this includes information such as history of the brand, be involved in the development of ideas, target market identification, and competitor analysis.
3.2. The client is required to give feedback during the project process in order to enhance the effectiveness of the engagement.
3.3. In order to keep the project going, approval schedules on the deliverables will be set. The client confirms the deadline, and he/she is expected to study the case solution and give his/her opinion.
3.4. The client has to appoint a person to be the only one interacting with Thoth Loki for any reason.
4. Intellectual Property (4.1 - 4.3):
4.1. This project is awarded to Thoth Loki for ownership of all ideas, plans, staking, approaches, and all forms of reports developed throughout the project, as per our agreements unless otherwise written.
4.2. The client will possess the original, released brand assets like the logo, brand guideline document, etc., meant for the client’s use only.
4.3. The company can agree on a separate licensing if the client so demands broader usage rights for some of the elements of intangible assets.
4.4 Global Consistency: Each client is required to adhere to the brand guide to the latter even in other operations in the global market. This makes sure that company’s image is not distorted by other brands which are affiliated to it.
5. Confidentiality (5.1 - 5.2):
5.1. Thoth Loki and the Client understand and acknowledge the nondisclosure policy adhered to during the course of the project concerning information that has not been made public.
5.2. Should either party want to, a non-disclosure agreement (NDA) can be made.
6. Term and Termination (6.1 - 6.4):
6.1. The term of this agreement will be for as long as the project will take, as described in the proposal document.
6.2. These contracts may be closed by both parties where the giving party also specifies the period (e.g., 30 days) and reason (e.g, failure to meet essential conditions of the agreement).
6.3. In the case of the termination, the pre-determined fee for tasks accomplished will be charged, Any work produced upon termination will also be delivered to the client.
6.4. Upon termination the client shall return or delete all documents and information received from Thoth Loki that contain information of a confidential nature.
7. Dispute Resolution (7.1 - 7.2):
7.1. Thoth Loki wants to set the records straight here and therefore is willing to resolve the issues settling the matter amicably. If there is any sort of conflict, we will first open our discussion and try to find the solution which will satisfactorily cater both the parties.
7.2. If the solution cannot be achieved in the appropriate time period, let’s say thirty days; the dispute resolution will be completed by [insert preferable option of dispute solving, for example, mediation or arbitration].
8. Governing Law (8.1):
8.1. This agreement shall be construed and shall take effect in accordance with the laws of [home jurisdiction].
9. Entire Agreement (9.1):
9.1. These Terms and Conditions together with the service agreement, forms the whole content of the contract that has been agreed between Thoth Loki and the Client excluding any other previous communication, discussions, promises, representations, negotiations, understandings and dealings between the parties.
10. Amendment (10.1):
10.1. These Terms and Conditions might be changed only by the signed written agreement between Thoth Loki and the Client.
11. Warranties and Disclaimers (11.1 - 11.2):
11.1. Thoth Loki represents and shall assure that the services shall be completed with professional and reasonable skill, care and diligence, as well as competence in accordance with the standards of the industry.
11.2. Thoth Loki denies any liability or guarantee of the success or result of the branding project and rejects all warranties-whether implied or expressed. The client understands that the success of the brand is affected by factors not within the control of Thoth Loki as they relate to market trends, implementation by the client, and post launch management of the brand.
12. Limitation of Liability (12.1 - 12.2):
12.1. In these circumstances, Thoth Loki’s responsibility under this arrangement will be limited only to the aggregate of fees paid by the Client for a particular service offered or particular services sought by the Client.
12.2. Each party shall be fully released and release the other from any indirect, incidental, consequential or punitive damages of any kind arising out of or relating to the agreement even if such party has been apprised of the possibility of such damages.
13. Force Majeure (13.1):
13.1. Not the Contractor or the Consultant shall be responsible for any loss or damage resulting from any delay or the inability to perform the terms of this agreement, whether due to reasons within or outside the parties’ control including but not limited to acts of God, natural disasters, civil unrest, and the like.
14. Independent Contractor Relationship (14.1):
14.1. Thoth Loki’s interaction with the client is not an employer-employee relationship, but that of a contractor. Thoth Loki reports for its own taxes and has the discretion on its own benefits.
15. Notices (15.1):
15.1. All notices required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, return receipt requested, or sent by overnight courier service to the addresses set forth below:
For Thoth Loki: THOTHLOKI [OPC] Pvt Ltd – 14/361, CHATHAN KUNNAN PURAKKAL, TANALUR, MEENADATHUR, Meenadathur – 676307, Malappuram – Tirur, Kerala, India
For Client: [Insert Address]
16. Severability (16.1):
16.1. Each party to this agreement shall bear the costs of their respective attorneys and other legal expenses in the event that a provision contained in this agreement becomes invalid or unenforceable.
17. Waiver (17.1):
17.1. Despite this, failure to see any breach or default from either party of the terms and conditions of this agreement shall not be construed to be a waiver of a later breach or default.
18. Assignment (18.1):
18.1. The client may not transfer this agreement to any third party without the prior written permission of Thoth Loki. Thoth Loki may delegate delegate this agreement to a successor in interest upon providing the client with written notice.
19. Headings (19.1):
19.1. The headings in this agreement are used for reference purposes and shall not be taken to form part of the agreement and therefore shall not be used to interpret it.
20. Survival (20.1):
20.1. Some of the sections of this agreement should naturally endure the terminating of the agreement and as such should endure the termination of this agreement. It is composed, but not restricted to, sections on confidentiality, ownership of generated intellectual property, and limits of liability.
21. Data Privacy and Security (21.1 - 21.2):
21.1. Thoth Loki has zero tolerance for privacy invasion or loss of the client’s information. When dealing with clients’ data, we shall follow all the parameter legal regulations pertaining data privacy acts.
21.2. It is the client’s responsibility to confirm that they posses all the necessary rights and permissions to release with Thoth Loki any personal data that might be used in project.
22. Subcontractors (22.1):
22.1. Thoth Loki will be entirely liable for any and all services pertaining to the project and will not use any sub-(contractors).
23. Marketing and Publicity (23.1 - 23.2):
23.1. Thoth Loki may use the client brand material and project outcomes for promoting the business with the express written consent of the client.
23.2. The client may sell the final, approved brand assets produced by Thoth Loki to market and promote the company.
24. Client Testimonials (24.1):
24.1. Here the client may be requested to drop his / her testimonial of the encounter had with S. Thoth Loki out. The client also has permission to endorse the final word spoken by Thoth Loki or written on a testimonial. The client has the right to approve the final wording of any testimonial used by Thoth Loki.
25. Force Majeure Notification (25.1):
25.1. In the case of Force Majeure (as described in section 13.1), the party affected shall give the other a written notice of such circumstances as soon as can be practicable with particulars of the event and expected effect on the projected period for completion or the task that was to be done.
26. Feedback and Dispute Resolution Process (26.1 - 26.3):
26.1. Thoth Loki therefore appreciates feedback from the clients and aims at satisfying the clients needs. The client is advised to forward any questions and or concerns he or she may have to the appointed Thoth Loki project manager directly.
26.2. Thoth Loki will kindly and within the good faith make an effort to respond to all the concerns of the clients with an adequate amount of professionalism.
26.3. Failure to reach consensus at this level, shall mean that the parties should proceed to the next stage of dispute resolution as spelt out in section 7.
27. Governing Law and Jurisdiction (27.1):
27.1. The law governing this agreement shall be the laws of the State of [Kerala], and any matter connected with this agreement shall be decided by the courts of [India] County, State of [Kerala] only.
28. Entire Agreement; Severability (28.1 - 28.2):
28.1. Any existing provisions or terms and conditions in either the Client’s or Thoth Loki’s reasonable previous communications, proposals, negotiations, act or conduct shall be deemed merged into and may not be used to add, alter, amend, change, modify, supplement or qualify these Terms and Conditions and the signed service agreement.
28.2. An invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any of the other provisions of this agreement.
29. Attorney's Fees (29.1):
29.1. As regards any action or proceeding arising from or relating to this agreement, the party that emerges as the winner shall, in addition to other damages, be entitled to a reimbursement of all its attorney fees and costs.
30. Waiver (30.1):
30.1. Neither party shall be deemed to have waived any breach or right of default under the terms hereof occasioned by either party provided that the non-occurrence of a waiver shall not preclude a subsequent occurrence of a waiver.
31. Binding Effect (31.1):
31.1. This agreement shall be for the benefit of the parties hereto and their heirs, executors, administrators, successors and permitted assign.
32. Counterparts (32.1):
32.1. This agreement may be signed in counterparts, but it will be deemed that each of such counterparts is an original whereas all of them together comprise one and the same instrument.
33. Survival (33.1):
33.1. Not be limited to, provisions of this agreement which by their nature ought to survive termination of this agreement shall survive termination of this agreement. This ranges from such parts as confidentiality, ownership of intellectual property and warranties, and limitation of liability.
34. copyrighted (34.1):
34.1.All articles and contents posted here in this website is original and protected by copyright law exclusive for thothloki.com [R].
35. Term and Termination (35.1):
35.1. This section replaces section 6.1 on the term of this agreement. The term of this agreement as indicated above will be effective as of the Effective Date, the date of the latest signature below, and shall last until the completion of the Services or the termination of this Agreement in accordance with provisions of section 6.
36. Effective Date (36.1):
36.1. This Agreement shall take effect as of the date written on the top of the first page of this Agreement (the “Effective Date”).
37. Third party beneficiaries (37.1)
37.1. The execution of this Agreement is not to create any third-party rights to obtain any remedies in accordance with this Agreement.
38. Integration Clause (38.1):
38.1. It may be noted that the present Agreement is only an integral part of the legal relationships between the Parties with regard to the subject matter of the present Agreement and abolishes all the previous or simultaneous oral and written commitments, representations, and agreements.
39. Amendment (39.1):
39.1. This Agreement cannot be modified by the parties except in writing and evidenced by a writing signed by the parties hereto.
40. Governing Language (40.1):
40.1. The rights and obligations contained within this agreement will be performed and everything in this agreement will be translated into English language.
41. Severability (41.1):
41.1. Should there be any provision of this Agreement that is unlawful, null, void or unenforceable in any state or country, permission to exercise the balancing rights will be denied under that provision but the balance of the terms of this Agreement shall remain enforceable in all the other states and countries.
42. Relationship of the Parties (42.1):
42.1. The parties to the Agreement are independent contractors, and nothing in the Agreement will be construed as establishing a partnership or joint venture, employer-employee relationship or agency.
43. No Assignment (43.1):
43.1. Neither party shall delegate the performance of any of the commitments assumed by it hereunder to a third party without the prior written consent of the other party which consent shall not be unreasonably withheld.
44. Waiver (44.1):
44.1. Nothing contained herein shall constitute a waiver of any provisions hereof by any party against the other in the event of any failure or breach by such other party hereunder.
45. Severability (45.1):
45.1. Section 3 of this Section revokes Section 41 (Severability). If any part of the whole of this Agreement is found to be unlawful, void, or unenforceable, that part shall be severed, and the remaining part of this Agreement shall remain in full force and effect. As much as possible, where such invalid or unenforceable provision is noted, its meaning will be given as if it was never placed in this Agreement.
46. Equitable Relief (46.1):
46.1. Both parties also agree to the enforceability of paragraph 11 above: Each party agrees that the breach of provisions of this Agreement which have been specified in this clause would be damaging for the other party so as not to be cured by the payment of money and thus, the affected party shall have the right to seek an injunction in addition to any other available remedy at law and/or in equity.
47. Time of the Essence (47.1):
47.1. If a time is not made a condition of this Agreement, then no party shall be able to rely on time as being of the essence of the Agreement.
48. Entire Agreement (48.1):
48.1. This Agreement sets forth the entirety of the understanding of the parties with respect to the subject matter of this Agreement and replaces all prior and contemporaneous oral and written communications, negotiations, representations and agreements between the parties.
The parties are declared to expressly accept and adopt all the provisions of the agreement by their signatures below.
Thoth Loki: Terms and Conditions
1. Project Scope and Deliverables (1.1-1.5):
1.1. This will forms the basis of our project proposal and will contain a breakdown of the specific work to be embarked upon before the project is commenced.
1.2. All alteration or variation of the scope of the project should be in writing and in the form of a written amendment, which should be signed by Thoth Loki and the client.
1.3. Thoth Loki will ensure there is a project tracking tool in place to ensure all projects follow project management, timelines, and deliverables. This system will be available to the client in order to be used in updating and collaborating on the process.
1.4. At the planned project frequencies, Thoth Loki shall be offering compilation products to the clients for their endorsement.
1.5. Some client review cycles for each deliverable will be allowed (state how many in the proposal). Any further changes may be charged at an additional cost.
2. Fees and Payment Terms (2.1 - 2.4):
2.1. Thoth Loki has available several forms of engagement with Russia, such as
thothloki has a somewhat different business model: one of the suites (packages) is active throughout the year, while the others are disabled during their time.
Year One: The BRANDING SUITE is available for purchase. The Campaign Suite and Empire Suite are inactive, but the Eco-Tech Suite remains free for nine years.
Year Two: The CAMPAIGN SUITE is available for purchase. The branding suit and the empire suit are inactive.
Year Three: The Empire Suite is offered for sale. The branding suit and campaign suit are idiopathic which has been agreed on by all the participants.
The Eco-Tech Suite will be launched after 9 years. Until then, it will remain unleashing to the people but with some conditions.
This cycle means that each of the suites gets proper attention and helps Thothloki to propose the services that have no competitors.
2.2. The payment terms preferred in most sales are net fifteen days from the date of issue of the invoicing. Failure to meet the stated due dates may attract a penalty, such as an interest charge for delayed balance payment of 1.5 percent per month.
2.3. An initial payment of [30 percent] of the total project fee may be necessary before beginning the project.
2.4. In relations to the retainer agreements, billing will be on [monthly/Quarterly] basis..
3. Client Responsibilities (3.1 - 3.4):
3.1. The client undertakes to avail all necessary information and material regarding the brand to Thoth Loki on time this includes information such as history of the brand, be involved in the development of ideas, target market identification, and competitor analysis.
3.2. The client is required to give feedback during the project process in order to enhance the effectiveness of the engagement.
3.3. In order to keep the project going, approval schedules on the deliverables will be set. The client confirms the deadline, and he/she is expected to study the case solution and give his/her opinion.
3.4. The client has to appoint a person to be the only one interacting with Thoth Loki for any reason.
4. Intellectual Property (4.1 - 4.3):
4.1. This project is awarded to Thoth Loki for ownership of all ideas, plans, staking, approaches, and all forms of reports developed throughout the project, as per our agreements unless otherwise written.
4.2. The client will possess the original, released brand assets like the logo, brand guideline document, etc., meant for the client’s use only.
4.3. The company can agree on a separate licensing if the client so demands broader usage rights for some of the elements of intangible assets.
4.4 Global Consistency: Each client is required to adhere to the brand guide to the latter even in other operations in the global market. This makes sure that company’s image is not distorted by other brands which are affiliated to it.
5. Confidentiality (5.1 - 5.2):
5.1. Thoth Loki and the Client understand and acknowledge the nondisclosure policy adhered to during the course of the project concerning information that has not been made public.
5.2. Should either party want to, a non-disclosure agreement (NDA) can be made.
6. Term and Termination (6.1 - 6.4):
6.1. The term of this agreement will be for as long as the project will take, as described in the proposal document.
6.2. These contracts may be closed by both parties where the giving party also specifies the period (e.g., 30 days) and reason (e.g, failure to meet essential conditions of the agreement).
6.3. In the case of the termination, the pre-determined fee for tasks accomplished will be charged, Any work produced upon termination will also be delivered to the client.
6.4. Upon termination the client shall return or delete all documents and information received from Thoth Loki that contain information of a confidential nature.
7. Dispute Resolution (7.1 - 7.2):
7.1. Thoth Loki wants to set the records straight here and therefore is willing to resolve the issues settling the matter amicably. If there is any sort of conflict, we will first open our discussion and try to find the solution which will satisfactorily cater both the parties.
7.2. If the solution cannot be achieved in the appropriate time period, let’s say thirty days; the dispute resolution will be completed by [insert preferable option of dispute solving, for example, mediation or arbitration].
8. Governing Law (8.1):
8.1. This agreement shall be construed and shall take effect in accordance with the laws of [home jurisdiction].
9. Entire Agreement (9.1):
9.1. These Terms and Conditions together with the service agreement, forms the whole content of the contract that has been agreed between Thoth Loki and the Client excluding any other previous communication, discussions, promises, representations, negotiations, understandings and dealings between the parties.
10. Amendment (10.1):
10.1. These Terms and Conditions might be changed only by the signed written agreement between Thoth Loki and the Client.
11. Warranties and Disclaimers (11.1 - 11.2):
11.1. Thoth Loki represents and shall assure that the services shall be completed with professional and reasonable skill, care and diligence, as well as competence in accordance with the standards of the industry.
11.2. Thoth Loki denies any liability or guarantee of the success or result of the branding project and rejects all warranties-whether implied or expressed. The client understands that the success of the brand is affected by factors not within the control of Thoth Loki as they relate to market trends, implementation by the client, and post launch management of the brand.
12. Limitation of Liability (12.1 - 12.2):
12.1. In these circumstances, Thoth Loki’s responsibility under this arrangement will be limited only to the aggregate of fees paid by the Client for a particular service offered or particular services sought by the Client.
12.2. Each party shall be fully released and release the other from any indirect, incidental, consequential or punitive damages of any kind arising out of or relating to the agreement even if such party has been apprised of the possibility of such damages.
13. Force Majeure (13.1):
13.1. Not the Contractor or the Consultant shall be responsible for any loss or damage resulting from any delay or the inability to perform the terms of this agreement, whether due to reasons within or outside the parties’ control including but not limited to acts of God, natural disasters, civil unrest, and the like.
14. Independent Contractor Relationship (14.1):
14.1. Thoth Loki’s interaction with the client is not an employer-employee relationship, but that of a contractor. Thoth Loki reports for its own taxes and has the discretion on its own benefits.
15. Notices (15.1):
15.1. All notices required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, return receipt requested, or sent by overnight courier service to the addresses set forth below:
For Thoth Loki: THOTHLOKI [OPC] Pvt Ltd – 14/361, CHATHAN KUNNAN PURAKKAL, TANALUR, MEENADATHUR, Meenadathur – 676307, Malappuram – Tirur, Kerala, India
For Client: [Insert Address]
16. Severability (16.1):
16.1. Each party to this agreement shall bear the costs of their respective attorneys and other legal expenses in the event that a provision contained in this agreement becomes invalid or unenforceable.
17. Waiver (17.1):
17.1. Despite this, failure to see any breach or default from either party of the terms and conditions of this agreement shall not be construed to be a waiver of a later breach or default.
18. Assignment (18.1):
18.1. The client may not transfer this agreement to any third party without the prior written permission of Thoth Loki. Thoth Loki may delegate delegate this agreement to a successor in interest upon providing the client with written notice.
19. Headings (19.1):
19.1. The headings in this agreement are used for reference purposes and shall not be taken to form part of the agreement and therefore shall not be used to interpret it.
20. Survival (20.1):
20.1. Some of the sections of this agreement should naturally endure the terminating of the agreement and as such should endure the termination of this agreement. It is composed, but not restricted to, sections on confidentiality, ownership of generated intellectual property, and limits of liability.
21. Data Privacy and Security (21.1 - 21.2):
21.1. Thoth Loki has zero tolerance for privacy invasion or loss of the client’s information. When dealing with clients’ data, we shall follow all the parameter legal regulations pertaining data privacy acts.
21.2. It is the client’s responsibility to confirm that they posses all the necessary rights and permissions to release with Thoth Loki any personal data that might be used in project.
22. Subcontractors (22.1):
22.1. Thoth Loki will be entirely liable for any and all services pertaining to the project and will not use any sub-(contractors).
23. Marketing and Publicity (23.1 - 23.2):
23.1. Thoth Loki may use the client brand material and project outcomes for promoting the business with the express written consent of the client.
23.2. The client may sell the final, approved brand assets produced by Thoth Loki to market and promote the company.
24. Client Testimonials (24.1):
24.1. Here the client may be requested to drop his / her testimonial of the encounter had with S. Thoth Loki out. The client also has permission to endorse the final word spoken by Thoth Loki or written on a testimonial. The client has the right to approve the final wording of any testimonial used by Thoth Loki.
25. Force Majeure Notification (25.1):
25.1. In the case of Force Majeure (as described in section 13.1), the party affected shall give the other a written notice of such circumstances as soon as can be practicable with particulars of the event and expected effect on the projected period for completion or the task that was to be done.
26. Feedback and Dispute Resolution Process (26.1 - 26.3):
26.1. Thoth Loki therefore appreciates feedback from the clients and aims at satisfying the clients needs. The client is advised to forward any questions and or concerns he or she may have to the appointed Thoth Loki project manager directly.
26.2. Thoth Loki will kindly and within the good faith make an effort to respond to all the concerns of the clients with an adequate amount of professionalism.
26.3. Failure to reach consensus at this level, shall mean that the parties should proceed to the next stage of dispute resolution as spelt out in section 7.
27. Governing Law and Jurisdiction (27.1):
27.1. The law governing this agreement shall be the laws of the State of [Kerala], and any matter connected with this agreement shall be decided by the courts of [India] County, State of [Kerala] only.
28. Entire Agreement; Severability (28.1 - 28.2):
28.1. Any existing provisions or terms and conditions in either the Client’s or Thoth Loki’s reasonable previous communications, proposals, negotiations, act or conduct shall be deemed merged into and may not be used to add, alter, amend, change, modify, supplement or qualify these Terms and Conditions and the signed service agreement.
28.2. An invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any of the other provisions of this agreement.
29. Attorney's Fees (29.1):
29.1. As regards any action or proceeding arising from or relating to this agreement, the party that emerges as the winner shall, in addition to other damages, be entitled to a reimbursement of all its attorney fees and costs.
30. Waiver (30.1):
30.1. Neither party shall be deemed to have waived any breach or right of default under the terms hereof occasioned by either party provided that the non-occurrence of a waiver shall not preclude a subsequent occurrence of a waiver.
31. Binding Effect (31.1):
31.1. This agreement shall be for the benefit of the parties hereto and their heirs, executors, administrators, successors and permitted assign.
32. Counterparts (32.1):
32.1. This agreement may be signed in counterparts, but it will be deemed that each of such counterparts is an original whereas all of them together comprise one and the same instrument.
33. Survival (33.1):
33.1. Not be limited to, provisions of this agreement which by their nature ought to survive termination of this agreement shall survive termination of this agreement. This ranges from such parts as confidentiality, ownership of intellectual property and warranties, and limitation of liability.
34. copyrighted (34.1):
34.1.All articles and contents posted here in this website is original and protected by copyright law exclusive for thothloki.com [R].
35. Term and Termination (35.1):
35.1. This section replaces section 6.1 on the term of this agreement. The term of this agreement as indicated above will be effective as of the Effective Date, the date of the latest signature below, and shall last until the completion of the Services or the termination of this Agreement in accordance with provisions of section 6.
36. Effective Date (36.1):
36.1. This Agreement shall take effect as of the date written on the top of the first page of this Agreement (the “Effective Date”).
37. Third party beneficiaries (37.1)
37.1. The execution of this Agreement is not to create any third-party rights to obtain any remedies in accordance with this Agreement.
38. Integration Clause (38.1):
38.1. It may be noted that the present Agreement is only an integral part of the legal relationships between the Parties with regard to the subject matter of the present Agreement and abolishes all the previous or simultaneous oral and written commitments, representations, and agreements.
39. Amendment (39.1):
39.1. This Agreement cannot be modified by the parties except in writing and evidenced by a writing signed by the parties hereto.
40. Governing Language (40.1):
40.1. The rights and obligations contained within this agreement will be performed and everything in this agreement will be translated into English language.
41. Severability (41.1):
41.1. Should there be any provision of this Agreement that is unlawful, null, void or unenforceable in any state or country, permission to exercise the balancing rights will be denied under that provision but the balance of the terms of this Agreement shall remain enforceable in all the other states and countries.
42. Relationship of the Parties (42.1):
42.1. The parties to the Agreement are independent contractors, and nothing in the Agreement will be construed as establishing a partnership or joint venture, employer-employee relationship or agency.
43. No Assignment (43.1):
43.1. Neither party shall delegate the performance of any of the commitments assumed by it hereunder to a third party without the prior written consent of the other party which consent shall not be unreasonably withheld.
44. Waiver (44.1):
44.1. Nothing contained herein shall constitute a waiver of any provisions hereof by any party against the other in the event of any failure or breach by such other party hereunder.
45. Severability (45.1):
45.1. Section 3 of this Section revokes Section 41 (Severability). If any part of the whole of this Agreement is found to be unlawful, void, or unenforceable, that part shall be severed, and the remaining part of this Agreement shall remain in full force and effect. As much as possible, where such invalid or unenforceable provision is noted, its meaning will be given as if it was never placed in this Agreement.
46. Equitable Relief (46.1):
46.1. Both parties also agree to the enforceability of paragraph 11 above: Each party agrees that the breach of provisions of this Agreement which have been specified in this clause would be damaging for the other party so as not to be cured by the payment of money and thus, the affected party shall have the right to seek an injunction in addition to any other available remedy at law and/or in equity.
47. Time of the Essence (47.1):
47.1. If a time is not made a condition of this Agreement, then no party shall be able to rely on time as being of the essence of the Agreement.
48. Entire Agreement (48.1):
48.1. This Agreement sets forth the entirety of the understanding of the parties with respect to the subject matter of this Agreement and replaces all prior and contemporaneous oral and written communications, negotiations, representations and agreements between the parties.
The parties are declared to expressly accept and adopt all the provisions of the agreement by their signatures below.
Thoth Loki: Terms and Conditions
1. Project Scope and Deliverables (1.1-1.5):
1.1. This will forms the basis of our project proposal and will contain a breakdown of the specific work to be embarked upon before the project is commenced.
1.2. All alteration or variation of the scope of the project should be in writing and in the form of a written amendment, which should be signed by Thoth Loki and the client.
1.3. Thoth Loki will ensure there is a project tracking tool in place to ensure all projects follow project management, timelines, and deliverables. This system will be available to the client in order to be used in updating and collaborating on the process.
1.4. At the planned project frequencies, Thoth Loki shall be offering compilation products to the clients for their endorsement.
1.5. Some client review cycles for each deliverable will be allowed (state how many in the proposal). Any further changes may be charged at an additional cost.
2. Fees and Payment Terms (2.1 - 2.4):
2.1. Thoth Loki has available several forms of engagement with Russia, such as
thothloki has a somewhat different business model: one of the suites (packages) is active throughout the year, while the others are disabled during their time.
Year One: The BRANDING SUITE is available for purchase. The Campaign Suite and Empire Suite are inactive, but the Eco-Tech Suite remains free for nine years.
Year Two: The CAMPAIGN SUITE is available for purchase. The branding suit and the empire suit are inactive.
Year Three: The Empire Suite is offered for sale. The branding suit and campaign suit are idiopathic which has been agreed on by all the participants.
The Eco-Tech Suite will be launched after 9 years. Until then, it will remain unleashing to the people but with some conditions.
This cycle means that each of the suites gets proper attention and helps Thothloki to propose the services that have no competitors.
2.2. The payment terms preferred in most sales are net fifteen days from the date of issue of the invoicing. Failure to meet the stated due dates may attract a penalty, such as an interest charge for delayed balance payment of 1.5 percent per month.
2.3. An initial payment of [30 percent] of the total project fee may be necessary before beginning the project.
2.4. In relations to the retainer agreements, billing will be on [monthly/Quarterly] basis..
3. Client Responsibilities (3.1 - 3.4):
3.1. The client undertakes to avail all necessary information and material regarding the brand to Thoth Loki on time this includes information such as history of the brand, be involved in the development of ideas, target market identification, and competitor analysis.
3.2. The client is required to give feedback during the project process in order to enhance the effectiveness of the engagement.
3.3. In order to keep the project going, approval schedules on the deliverables will be set. The client confirms the deadline, and he/she is expected to study the case solution and give his/her opinion.
3.4. The client has to appoint a person to be the only one interacting with Thoth Loki for any reason.
4. Intellectual Property (4.1 - 4.3):
4.1. This project is awarded to Thoth Loki for ownership of all ideas, plans, staking, approaches, and all forms of reports developed throughout the project, as per our agreements unless otherwise written.
4.2. The client will possess the original, released brand assets like the logo, brand guideline document, etc., meant for the client’s use only.
4.3. The company can agree on a separate licensing if the client so demands broader usage rights for some of the elements of intangible assets.
4.4 Global Consistency: Each client is required to adhere to the brand guide to the latter even in other operations in the global market. This makes sure that company’s image is not distorted by other brands which are affiliated to it.
5. Confidentiality (5.1 - 5.2):
5.1. Thoth Loki and the Client understand and acknowledge the nondisclosure policy adhered to during the course of the project concerning information that has not been made public.
5.2. Should either party want to, a non-disclosure agreement (NDA) can be made.
6. Term and Termination (6.1 - 6.4):
6.1. The term of this agreement will be for as long as the project will take, as described in the proposal document.
6.2. These contracts may be closed by both parties where the giving party also specifies the period (e.g., 30 days) and reason (e.g, failure to meet essential conditions of the agreement).
6.3. In the case of the termination, the pre-determined fee for tasks accomplished will be charged, Any work produced upon termination will also be delivered to the client.
6.4. Upon termination the client shall return or delete all documents and information received from Thoth Loki that contain information of a confidential nature.
7. Dispute Resolution (7.1 - 7.2):
7.1. Thoth Loki wants to set the records straight here and therefore is willing to resolve the issues settling the matter amicably. If there is any sort of conflict, we will first open our discussion and try to find the solution which will satisfactorily cater both the parties.
7.2. If the solution cannot be achieved in the appropriate time period, let’s say thirty days; the dispute resolution will be completed by [insert preferable option of dispute solving, for example, mediation or arbitration].
8. Governing Law (8.1):
8.1. This agreement shall be construed and shall take effect in accordance with the laws of [home jurisdiction].
9. Entire Agreement (9.1):
9.1. These Terms and Conditions together with the service agreement, forms the whole content of the contract that has been agreed between Thoth Loki and the Client excluding any other previous communication, discussions, promises, representations, negotiations, understandings and dealings between the parties.
10. Amendment (10.1):
10.1. These Terms and Conditions might be changed only by the signed written agreement between Thoth Loki and the Client.
11. Warranties and Disclaimers (11.1 - 11.2):
11.1. Thoth Loki represents and shall assure that the services shall be completed with professional and reasonable skill, care and diligence, as well as competence in accordance with the standards of the industry.
11.2. Thoth Loki denies any liability or guarantee of the success or result of the branding project and rejects all warranties-whether implied or expressed. The client understands that the success of the brand is affected by factors not within the control of Thoth Loki as they relate to market trends, implementation by the client, and post launch management of the brand.
12. Limitation of Liability (12.1 - 12.2):
12.1. In these circumstances, Thoth Loki’s responsibility under this arrangement will be limited only to the aggregate of fees paid by the Client for a particular service offered or particular services sought by the Client.
12.2. Each party shall be fully released and release the other from any indirect, incidental, consequential or punitive damages of any kind arising out of or relating to the agreement even if such party has been apprised of the possibility of such damages.
13. Force Majeure (13.1):
13.1. Not the Contractor or the Consultant shall be responsible for any loss or damage resulting from any delay or the inability to perform the terms of this agreement, whether due to reasons within or outside the parties’ control including but not limited to acts of God, natural disasters, civil unrest, and the like.
14. Independent Contractor Relationship (14.1):
14.1. Thoth Loki’s interaction with the client is not an employer-employee relationship, but that of a contractor. Thoth Loki reports for its own taxes and has the discretion on its own benefits.
15. Notices (15.1):
15.1. All notices required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when delivered in person, sent by certified or registered mail, return receipt requested, or sent by overnight courier service to the addresses set forth below:
For Thoth Loki: THOTHLOKI [OPC] Pvt Ltd – 14/361, CHATHAN KUNNAN PURAKKAL, TANALUR, MEENADATHUR, Meenadathur – 676307, Malappuram – Tirur, Kerala, India
For Client: [Insert Address]
16. Severability (16.1):
16.1. Each party to this agreement shall bear the costs of their respective attorneys and other legal expenses in the event that a provision contained in this agreement becomes invalid or unenforceable.
17. Waiver (17.1):
17.1. Despite this, failure to see any breach or default from either party of the terms and conditions of this agreement shall not be construed to be a waiver of a later breach or default.
18. Assignment (18.1):
18.1. The client may not transfer this agreement to any third party without the prior written permission of Thoth Loki. Thoth Loki may delegate delegate this agreement to a successor in interest upon providing the client with written notice.
19. Headings (19.1):
19.1. The headings in this agreement are used for reference purposes and shall not be taken to form part of the agreement and therefore shall not be used to interpret it.
20. Survival (20.1):
20.1. Some of the sections of this agreement should naturally endure the terminating of the agreement and as such should endure the termination of this agreement. It is composed, but not restricted to, sections on confidentiality, ownership of generated intellectual property, and limits of liability.
21. Data Privacy and Security (21.1 - 21.2):
21.1. Thoth Loki has zero tolerance for privacy invasion or loss of the client’s information. When dealing with clients’ data, we shall follow all the parameter legal regulations pertaining data privacy acts.
21.2. It is the client’s responsibility to confirm that they posses all the necessary rights and permissions to release with Thoth Loki any personal data that might be used in project.
22. Subcontractors (22.1):
22.1. Thoth Loki will be entirely liable for any and all services pertaining to the project and will not use any sub-(contractors).
23. Marketing and Publicity (23.1 - 23.2):
23.1. Thoth Loki may use the client brand material and project outcomes for promoting the business with the express written consent of the client.
23.2. The client may sell the final, approved brand assets produced by Thoth Loki to market and promote the company.
24. Client Testimonials (24.1):
24.1. Here the client may be requested to drop his / her testimonial of the encounter had with S. Thoth Loki out. The client also has permission to endorse the final word spoken by Thoth Loki or written on a testimonial. The client has the right to approve the final wording of any testimonial used by Thoth Loki.
25. Force Majeure Notification (25.1):
25.1. In the case of Force Majeure (as described in section 13.1), the party affected shall give the other a written notice of such circumstances as soon as can be practicable with particulars of the event and expected effect on the projected period for completion or the task that was to be done.
26. Feedback and Dispute Resolution Process (26.1 - 26.3):
26.1. Thoth Loki therefore appreciates feedback from the clients and aims at satisfying the clients needs. The client is advised to forward any questions and or concerns he or she may have to the appointed Thoth Loki project manager directly.
26.2. Thoth Loki will kindly and within the good faith make an effort to respond to all the concerns of the clients with an adequate amount of professionalism.
26.3. Failure to reach consensus at this level, shall mean that the parties should proceed to the next stage of dispute resolution as spelt out in section 7.
27. Governing Law and Jurisdiction (27.1):
27.1. The law governing this agreement shall be the laws of the State of [Kerala], and any matter connected with this agreement shall be decided by the courts of [India] County, State of [Kerala] only.
28. Entire Agreement; Severability (28.1 - 28.2):
28.1. Any existing provisions or terms and conditions in either the Client’s or Thoth Loki’s reasonable previous communications, proposals, negotiations, act or conduct shall be deemed merged into and may not be used to add, alter, amend, change, modify, supplement or qualify these Terms and Conditions and the signed service agreement.
28.2. An invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any of the other provisions of this agreement.
29. Attorney's Fees (29.1):
29.1. As regards any action or proceeding arising from or relating to this agreement, the party that emerges as the winner shall, in addition to other damages, be entitled to a reimbursement of all its attorney fees and costs.
30. Waiver (30.1):
30.1. Neither party shall be deemed to have waived any breach or right of default under the terms hereof occasioned by either party provided that the non-occurrence of a waiver shall not preclude a subsequent occurrence of a waiver.
31. Binding Effect (31.1):
31.1. This agreement shall be for the benefit of the parties hereto and their heirs, executors, administrators, successors and permitted assign.
32. Counterparts (32.1):
32.1. This agreement may be signed in counterparts, but it will be deemed that each of such counterparts is an original whereas all of them together comprise one and the same instrument.
33. Survival (33.1):
33.1. Not be limited to, provisions of this agreement which by their nature ought to survive termination of this agreement shall survive termination of this agreement. This ranges from such parts as confidentiality, ownership of intellectual property and warranties, and limitation of liability.
34. copyrighted (34.1):
34.1.All articles and contents posted here in this website is original and protected by copyright law exclusive for thothloki.com [R].
35. Term and Termination (35.1):
35.1. This section replaces section 6.1 on the term of this agreement. The term of this agreement as indicated above will be effective as of the Effective Date, the date of the latest signature below, and shall last until the completion of the Services or the termination of this Agreement in accordance with provisions of section 6.
36. Effective Date (36.1):
36.1. This Agreement shall take effect as of the date written on the top of the first page of this Agreement (the “Effective Date”).
37. Third party beneficiaries (37.1)
37.1. The execution of this Agreement is not to create any third-party rights to obtain any remedies in accordance with this Agreement.
38. Integration Clause (38.1):
38.1. It may be noted that the present Agreement is only an integral part of the legal relationships between the Parties with regard to the subject matter of the present Agreement and abolishes all the previous or simultaneous oral and written commitments, representations, and agreements.
39. Amendment (39.1):
39.1. This Agreement cannot be modified by the parties except in writing and evidenced by a writing signed by the parties hereto.
40. Governing Language (40.1):
40.1. The rights and obligations contained within this agreement will be performed and everything in this agreement will be translated into English language.
41. Severability (41.1):
41.1. Should there be any provision of this Agreement that is unlawful, null, void or unenforceable in any state or country, permission to exercise the balancing rights will be denied under that provision but the balance of the terms of this Agreement shall remain enforceable in all the other states and countries.
42. Relationship of the Parties (42.1):
42.1. The parties to the Agreement are independent contractors, and nothing in the Agreement will be construed as establishing a partnership or joint venture, employer-employee relationship or agency.
43. No Assignment (43.1):
43.1. Neither party shall delegate the performance of any of the commitments assumed by it hereunder to a third party without the prior written consent of the other party which consent shall not be unreasonably withheld.
44. Waiver (44.1):
44.1. Nothing contained herein shall constitute a waiver of any provisions hereof by any party against the other in the event of any failure or breach by such other party hereunder.
45. Severability (45.1):
45.1. Section 3 of this Section revokes Section 41 (Severability). If any part of the whole of this Agreement is found to be unlawful, void, or unenforceable, that part shall be severed, and the remaining part of this Agreement shall remain in full force and effect. As much as possible, where such invalid or unenforceable provision is noted, its meaning will be given as if it was never placed in this Agreement.
46. Equitable Relief (46.1):
46.1. Both parties also agree to the enforceability of paragraph 11 above: Each party agrees that the breach of provisions of this Agreement which have been specified in this clause would be damaging for the other party so as not to be cured by the payment of money and thus, the affected party shall have the right to seek an injunction in addition to any other available remedy at law and/or in equity.
47. Time of the Essence (47.1):
47.1. If a time is not made a condition of this Agreement, then no party shall be able to rely on time as being of the essence of the Agreement.
48. Entire Agreement (48.1):
48.1. This Agreement sets forth the entirety of the understanding of the parties with respect to the subject matter of this Agreement and replaces all prior and contemporaneous oral and written communications, negotiations, representations and agreements between the parties.
The parties are declared to expressly accept and adopt all the provisions of the agreement by their signatures below.
///conscious-quantum-realm ///
What if karma meets the dharma ....? let's explore the conscious life on earth and beyond
///conscious-quantum-realm ///
What if karma meets the dharma ....? let's explore the conscious life on earth and beyond
///conscious-quantum-realm ///
What if karma meets the dharma ....? let's explore the conscious life on earth and beyond
///conscious-quantum-realm ///
What if karma meets the dharma ....? let's explore the conscious life on earth and beyond
///conscious-quantum-realm ///
What if karma meets the dharma ....? let's explore the conscious life on earth and beyond
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thothloki helps to balance the future reality you live in through the dharma-a-dharma process of conscious reality/what if karma meets ethics...?
thothloki helps to balance the future reality you live in through the dharma-a-dharma process of conscious reality/what if karma meets ethics...?
thothloki helps to balance the future reality you live in through the dharma-a-dharma process of conscious reality/what if karma meets ethics...?
thothloki helps to balance the future reality you live in through the dharma-a-dharma process of conscious reality/what if karma meets ethics...?
thothloki helps to balance the future reality you live in through the dharma-a-dharma process of conscious reality/what if karma meets ethics...?
Every content used here on this website is crafted and copyrighted under thothloki.com [TM].
Every content used here on this website is crafted and copyrighted under thothloki.com [TM].
Every content used here on this website is crafted and copyrighted under thothloki.com [TM].
Every content used here on this website is crafted and copyrighted under thothloki.com [TM].
Every content used here on this website is crafted and copyrighted under thothloki.com [TM].