Definitions
Reva International Media Group, called RIMG, refers to Reva Marketing & Internet Communications Services Pvt. Ltd. The client refers to the company or individual engaging the services of Reva International Media Group. The word “you” or your(s) in this agreement refers to “The client”.
1. Acceptance of Terms
Your access to and use of Reva International Media Group’s website is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance.
2. Trade name
Reva International Media Group is a trade name of Reva Marketing & Internet Communications Services Pvt. Ltd.
3. Changes to Website
Reva International Media Group reserves the right to:
- Change or remove (temporarily or permanently) the website or any part of it without notice. Reva International Media Group shall not be liable to you for any such change or removal.
- Change these terms and conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
4. Website Design
Though every effort will be made to ensure that the website and any work done by us is free of errors but Reva International Media Group cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of Reva International Media Group until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by Reva International Media Group remain the copyright of Reva International Media Group and may only be commercially reproduced or resold with the permission of Reva International Media Group.
Reva International Media Group cannot take responsibility for any copyright infringements caused by materials submitted by the client.Any additions to the brief will be carried out at the discretion of Reva International Media Group and where no charge is made by Reva International Media Group for such additions, Reva International Media Group accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Reva International Media Group will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Reva International Media Group will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
5. Website Hosting
While Reva International Media Group offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Reva International Media Group cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Reva International Media Group reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Reva International Media Group can cancel the said service and not liable for any data lost as a result of the cancellation.
6. Disclaimers and Limitation of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, Reva International Media Group will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
Reva International Media Group makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7. Placing Order
By placing an order with Reva International Media Group, you confirm that you are in agreement with and bound by the terms and conditions set out below. An order is placed if the customer agrees with these terms and conditions and if the client agrees with the quoted price, e.g. mentioned at the online pro-forma invoice if chosen for the button “please proceed”. RIMG will only commence a project if the first deposit has been received by RIMG. The first deposit is 40%, the second deposit is 40% and the third deposit is 20% of the total project amount. After the third deposit is received the project is handed over to the customer, or agreed with other terms.
8. Digital Signature Verifying
To verify the person who placed the order, Reva International Media Group ask the responsible person to fill in the Digit Signature Box. This verification is also a final check regards the invoice amount of the required service.
9. Severance
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10. Order acceptance
Reva International Media Group will only commence a project if a confirmation has been approved by the customer by placing a digital signature at the digital forms and after the first deposit has been received by RIMG.
11. Payments
A deposit is required from the client before any work is carried out. In all cases, website hosting fees and any costs incurred by Reva International Media Group on behalf of the client are payable in advance and are non-refundable after 21 calendar days when last payment is received by Reva International Media Group. The first deposit is 40%, the second deposit is 40% and the third deposit is 20% of the total project amount. After the third deposit is received the project is handed over to the customer, or agreed with other terms. It is the Reva International Media Group policy that any outstanding accounts for work carried out by Reva International Media Group or its affiliates are required to be paid in full, no later than 8 days from the date of the invoice unless by prior arrangement with Reva International Media Group. If accounts are not settled or Reva International Media Group has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.
12. Money Back Guarantee
the customer is dissatisfied within 21 calendar days with the service or project for any reason, accepted by RIMG, the customer will receive a full refund. The refund will be made minus 99 euro administration costs and costs paid to third parties. The money back guarantee does not apply to translation-, hosting- and design services.
13. Intellectual Property & Copyright
RevaInternational Media Group retains ownership of all intellectual property, including source code and original images created for the client until payment of the final invoice. At this time ownership rights will be transferred to the client. Reva International Media Group reserve the right to re-use technical components developed during the project. Any scripts, CGI applications, PHP, .NET scripts, or software (unless specifically agreed) written by Reva International Media Group remain the copyright of Reva International Media Group and may only be commercially reproduced or resold with the permission of Reva International Media Group. All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Reva International Media Group or otherwise used by Reva International Media Group as permitted by law.
In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
14. Client's Responsibilities with regard to Copyright
If situations where the client provides images, text, animations, layouts or any other content for their website/development they are legally responsible for ensuring that this material does not infringe any copyright. Reva International Media Group cannot take responsibility for any copyright infringements caused by materials submitted by the client. Reva International Media Group reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Reva International Media Group will not be liable or become involved in any disputes between the website owner or managers and their clients and cannot be held responsible for any wrongdoing on the part of a website owner or manager. E.g. any disputes relating to content/images that have been provided to Reva International Media Group for inclusion on the website/development.
15. Client Responsibility
The client agrees to make available as soon as is reasonably possible to Reva International Media Group all materials required to complete the site to the agreed standard and within the set deadline. Reva International Media Group will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Reva International Media Group reserves the right to impose a discretionary surcharge of up to 25% of the total project cost where the client has failed to provide required information in a timely manner.
16. Project stages
1. The client must thoroughly review the website design, providing feedback within five business days.
2. The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.
3. The client must carefully review the completed website including all content, providing feedback on any changes within three business days.
4. Final review- The client will review any changes made in stage three and authorise Reva International Media Group to launch the project that will be handed over after payment. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.
17. Project delays
Where a project has final approval Reva International Media Group will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Reva International Media Group reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.
18. Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Reva International Media Group’s copywriting service.
All content for all sections of the website must be supplied at an agreed time and preferably in one delivery. Content must be thoroughly reviewed before it is supplied to Reva International Media Group. Reva International Media Group is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.
19. Bugs or system errors
When a project has been delivered and approved, the client will have 30 calendar days , called grace period, where Reva International Media Group will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
20. Database, application and e-commerce development
Reva International Media Group cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Reva International Media Group before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications, or software written by Reva International Media Group remain the property of Reva International Media Group and may only be commercially reproduced or resold with the permission of Reva International Media Group.
Where applications or sites are developed on servers not recommended by Reva International Media Group, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Reva International Media Group for external hosting will incur additional charges.
Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.
When a project has been delivered and approved, the client will have a three month grace period where Reva International Media Group will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
21. Compatibility
Reva International Media Group will ensure that any site or application will function correctly: On the server to which it is initially installed; When viewed with current Microsoft Internet Explorer version 6 to current full release. When viewed with Mozilla version 2 to current full release. Reva International Media Group can offer no guarantee of correct function with all browser software including future releases.
22. Website hosting
Reva International Media Group cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service. Reva International Media Group reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.
23. Hosting terms
Hosting is available through Reva International Media Group hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.
24. Formal complaints procedure
The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Reva International Media Group who will acknowledge receipt and ensure that the matter is examined within two business days.
An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.
25. Search Engine Promotion
If Search Engine Optimisation has been agreed as part of the website development contract the client must be aware that Reva International Media Group is not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While Reva International Media Group can optimise the client's site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
26. Agents
We do not accept any responsibility for the incorrect use of information, links, data, or any content provided by our agents and therefore we shall not be accountable for any loss of fees as a result of the Agent’s errors or misunderstanding(s). Agents are nonetheless bound as a principal by all terms and conditions herein, including the domain name dispute policy. The client’s use of our services ratifies any unauthorized actions of our agent(s). By using your login name, account number or password, or otherwise purporting to act on your behalf, the agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this agreement, that he or she has apprised you of the terms and conditions of this agreement, and that he or she is otherwise authorized to act on your behalf. In addition, the agent cannot be held responsible by the client for any errors that have been made by the Agent. Appointment (s), agreement(s) and promise (s) made by Agents are fully for account of the Agent. RIMG cannot be held responsible and liable for the Agent’s efforts, except when these are confirmed by written email, letter or fax message, by the Board of RIMG.
27. Exclusive Remedy
Time limitation on filing any claim. you agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any Reva International Media Group service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such service(s) during the term of this agreement. In no event shall Reva International Media Group, its licensors and contractors (including, but not limited to, third parties providing services as part of the subscription service for websites from Reva International Media Group) be liable for any indirect, incidental, special or consequential damages even if Reva International Media Group has been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein Reva International Media Group's liability is limited to the extent permitted by law in such states. Reva International Media Group and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or your Reva International Media Group web site; (8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service (for websites from Reva International Media Group); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or re-registration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or any other standard not under Reva International Media Group sole control. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or any of our services must be filed within one (1) year after such claim or cause of action arose or such claim shall be forever barred.
28. Termination
a. By you; You may terminate this agreement upon at least 30 working days before next calendar month written notice to Reva International Media Group for any reason.
b. By us; We may terminate this agreement or any part of the Reva International Media Group services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information, if we determine in our sole discretion that you have violated the Reva International Media Group terms of use policy, which is located on our web site at http://www.Reva International Media Group/terms.aspx and is incorporated herein and made part of this agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.
c. Effect of termination. Except as otherwise expressly set forth herein or on our web site, Reva International Media Group will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. unless otherwise specified in writing by Reva International Media Group, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various schedules below). If termination of this agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Reva International Media Group incurs in closing your account. you agree to pay any and all costs incurred by Reva International Media Group in enforcing your compliance with this section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Reva International Media Group service, if applicable. In addition to the terms set forth herein, certain Reva International Media Group services may have additional terms regarding termination, which are set forth in the applicable schedule.
d. Effect of termination of bundled services. In addition to the terms set forth in subsection 10(c) above, if you purchase Reva International Media Group services which are sold or sold together as part of a "bundled" package of services, any termination relating to such bundle will terminate all Reva International Media Group services included in such bundle. For instance, any domain name registered with or maintained by Reva International Media Group under this agreement (but not including any domain names you may have registered, either with Reva International Media Group or a third-party registrar, separately and not as part of a bundled service) will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, Reva International Media Group will no longer provide the bundled services to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain services included in the bundled services to stand alone services.
29. Representations and Warranties
You agree and warrant that: (i) neither your registration nor use of the any of the Reva International Media Group services nor the manner in which you intend to use such Reva International Media Group services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this agreement and to perform your obligations hereunder, (iii) you have selected the necessary security option(s) for your domain name registration record, (iv) you are of legal age to enter into this agreement (or you are at least 14 years of age and have your parents' permission to apply for services hereunder); and (vi) you agree to comply with all applicable laws and regulations.
30. Modifications to Agreement
Except as otherwise provided in this agreement, you agree, during the term of this agreement that we may: (1) revise the terms and conditions of this agreement; and/or (2) change part of the services provided under this agreement at any time. any such revision or change will be binding and effective 30 days after posting of the revised agreement or change to the service(s) on Reva International Media Group web sites, or upon notification to you by e-mail or united states mail. You agree to periodically review our web sites, including the current version of this agreement available on our web sites, to be aware of any such revisions. If you do not agree with any revision to the agreement, you may terminate this agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your agreement with us are non-refundable, except as expressly noted otherwise in one or more of the schedules to this agreement, but you will not incur any additional fees. By continuing to use Reva International Media Group services after any revision to this agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. we are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our web site of a general informational nature. no employee, contractor, agent or representative of Reva International Media Group is authorized to alter or amend the terms and conditions of this agreement.
31. Right of Refusal
We, in our sole discretion, reserve the right to refuse to register your chosen domain name, issue you a digital certificate, or register you for other Reva International Media Group service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name, issue you a digital certificate, or register you for other Reva International Media Group service(s), or we delete your chosen domain name or other Reva International Media Group service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, refusal to issue a digital certificate, the deletion of your chosen domain name or refusal to register you for other Reva International Media Group service(s).
32. Waiver
No waiver of any provision of this agreement shall be effective unless it is in writing and signed by an authorized representative of Reva International Media Group. The remedies of Reva International Media Group under this agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
33. Privacy Policy
This privacy policy sets out how RIMG uses and protects any information that you give RIMG when you use this website. RIMG is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement. RIMG may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. The full Privacy Policy can be viewed by clicking the Privacy Policy link in the footer of the website.
What we collect
We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers / orders.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
RIMG is entitled to put all customer testimonials on their website(s) without consultation. RIMG will remove the testimonial only if customer make objections to the placement of testimonials. Objections can be made by posting an email to customer.support@revamediagroup.com
34. Disclaimer of Warranties
You agree that your use of our service(s) or our licensors' services is solely at your own risk. You agree that all of such services are provided on an "as is," and "as available" basis, except as otherwise noted in this agreement. We and our licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. neither Reva International Media Group nor our licensors make any warranty that service(s) licensed hereunder will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor do we or our licensors make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through our services. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our services shall create any warranty not expressly made herein, you may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. we are not responsible for and shall have no liability with respect to any products and/or services purchased by you from a third party.
You agree to release, indemnify, defend and hold harmless Reva International Media Group and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this agreement or the breach of your warranties, representations and obligations under this agreement, (b) the Reva International Media Group services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Reva International Media Group, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Reva International Media Group services, or (g) any information, material, or services available on your licensed Reva International Media Group web site . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this agreement. we shall have the right to participate in any defence by you of a third-party claim related to your use of any of the Reva International Media Group services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defence at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this agreement.
35. Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of god, war, terrorism, armed conflict, labour strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, Reva International Media Group may immediately terminate this agreement.
36. Governing Law
These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts located in the neighbourhood of the Headquarters of the Company.