Article 1. Applicability

These general terms and conditions apply to the relationship between Aasha Family Group Pvt. Ltd., (herein after refer as “Aasha Family”) registered under law of Nepal (Private Company –No: 619819761), with registered office at Mahalaxmi 4, Imadol Lalitpur Nepal, and the [CLIENT]. Unless otherwise agreed in writing, the application of these general terms and conditions cannot be excluded. If the contracting party is a professional who also applies general terms and conditions, the general terms and conditions of Aasha Family will always take precedence. The general terms and conditions are also available on the website of Aasha Family.

In order to execute its services and assemble suitable teams, Aasha Family recruits/works with freelancers and other marketing companies, talented professionals, who are further briefed by the company. Aasha Family continuously invests in the professional and personal development of these individuals, aiming for long-term collaboration to deliver high-quality services and consistently meet the needs of its clients.

In the absence of a specific written agreement to the contrary, all services provided by Aasha Family are carried out according to the terms and conditions outlined herein. By accepting an offer from Aasha Family or placing an order with Aasha Family, the client confirms receiving and unreservedly accepting these general terms and conditions. The term “client” refers to the individual or company placing the order with Aasha Family. The client’s terms and conditions are expressly excluded unless explicitly agreed otherwise in writing beforehand.

Article 2. Amendments

Aasha Family Group may unilaterally amend its General Terms and Conditions at any time without requiring prior approval from the Client. It is the Client’s responsibility to regularly check the General Terms and Conditions for updates. Aasha Family will also notify Client of significant updates via a newsletter/email.

Article 3. Services

Aasha Family provides the following services to its Clients:

• Social media
• Web design for websites and online shops
• Photography for various purposes
• Online Marketing
• Offline Marketing
• Content Creation
• App Development
• Graphic Design
• Videography
• Digital Marketing Solutions

Article 4. Quotations from Aasha Family                                  

Quotations from Aasha Family are valid for 30 calendar days unless otherwise stated in the quotation. Quotations are issued based on the data provided by the client and are only valid to the extent that this data is current, correct, and complete. Prices provided by Aasha Family are always in Euros and exclude taxes, duties, and charges unless otherwise stated in the quotation. Quotations also exclude additional work, i.e., all work not explicitly mentioned in the quotation.

Article 5. Acceptance of Quotations and Offers on the Website Aasha Family                                                            

Quotations and offers from Aasha Family be are non-binding until accepted by the Client. Acceptance by the Client is always in writing and singing this terms and condition along with other relevant service agreement.

Article 6. Right of Withdrawal

If the Client is a consumer, they have the right to withdraw from the contract within one week of its conclusion. Withdrawal must be made in writing by email to aashafamilygroup@gmail.com . The Client acknowledges that they have been informed of their right of withdrawal prior to concluding the contract. If Aasha Family has provided services at the Client’s request, these must be reimbursed.

Article 7. Invoicing

7.1. From the moment the Client agrees to one of the services as outlined in Article 3 and accepts these general terms and conditions, invoicing commences.

7.2. After Client has agreed to the quotation in writing first (advance) invoice, 40%

of the total mentioned in quotation, will be sent before starting the project

The remaining 60% will be invoiced after the completion of project and before

delivering everything to the Client. For the first advance invoice, payment should be made within 14 days and after the completion of the project the 60% of the quotation will be invoiced which should be paid in 30 days.

7.2. Invoices are payable to the bank account indicated on the invoice. Invoices must be paid within 30 days, failing which the Client will be liable, without notice, to pay default interest equal to 10% per week as well as a lump-sum compensation of 10% of the total invoice amount with a minimum of 50 EURO.

7.3. At the start of a new service, if the invoice is not paid within the due date, Aasha Family may decide to terminate the collaboration on its own initiative. The Client will receive a credit note, reduced by any work and services already provided, from the already issued invoice, and further communication will be discontinued.

7.4. For both new and existing Client, invoices must be paid within 30 days. If payment of the invoice is not received, Aasha Family may decide, after 30 days, to temporarily suspend or take offline the service until the invoice is settled.

Article 8. Client Obligations

The Client must provide the necessary input to Aasha Family within 1-2 weeks after the conclusion of the agreement so that the services can be delivered. If the Client does not provide this information within the specified period, the remaining balance of the invoice will become immediately due and payable, and the assignment will be considered completed.

Article 9. Deadline

A target date is always provided to the Client. This target date is an estimate, and there will be no consequences or penalties for any deviations from it. However, it is the intention of Aasha Family to make the necessary efforts to meet the deadline.

Article 10. Premature Termination

The agreement may be terminated prematurely at any time by mutual agreement between the parties.

The parties may immediately terminate the agreement without prior notice, without intervention of the court, without any form of compensation being due, and without observing the notice period in case of gross misconduct by the other party. Termination shall be effected by registered letter addressed to the other party. Gross misconduct includes, but is not limited to:

10.1   A serious and/or intentional error, gross negligence, fraud, deceit, dishonest or criminal behavior of the other party; whether or not related to the performance of this agreement. This includes, without limitation, failure to perform the agreement with the intention of causing damage, and any professional error that definitively and immediately makes further cooperation between the parties impossible;

10.2.  In case the other party becomes involved in bankruptcy proceedings or becomes insolvent;

10.3   In case of non-compliance with the contents of the agreement and no remedy is made within a period of 5 (five) working days (excluding Saturday, Sunday, or Belgian legal holidays) after a formal notice (by registered mail and by email) referring to the intention to terminate in accordance with this article in the absence of remedy.

10.4.  The possibility of unilateral premature termination does not detract from the obligation of the party in breach to indemnify the terminating party for damages suffered, which shall amount to a minimum of 40% (Forty percent) of the fee (in addition to compensation for services and goods already provided).

Article 11. Quality

The Client shall timely and as a complementary provide Aasha Family with the necessary material for the execution of the assignment. Aasha Family shall not be liable for the quality of work delivered if the quality of the photos or other materials provided by the Client is insufficient or if the digital files provided do not meet the requested specifications. The Client shall indemnify [company name] for all possible infringements (including intellectual property rights) resulting from the use of the materials provided by the Client.

Aasha Family shall correct spelling, linguistic, or grammatical errors indicated by the client to the extent possible but shall not be liable for errors not indicated.

Aasha Family is solely obliged to make efforts in the execution of this agreement and not to achieve a specific result.

In the hosting of a website/webshop/platform, [company name] cannot be held liable for interruptions, errors, or loss of data attributable to third parties.

Article 11. Storage

Unless otherwise agreed in writing, Aasha Family is not obligated to retain the files, designs, or other goods of the client.

Aasha Family cannot be held liable for damage to or loss of goods belonging to the client while they are in its possession, except in cases of intent or gross negligence by Aasha Family.

Article 12. Intellectual Property

12.1. Intellectual Property Rights include all intellectual, industrial, and other property rights (whether registered or not), including but not limited to copyrights, neighboring rights, trademarks, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, applications for patents, domain names, know-how, as well as rights to databases, computer programs, and semiconductors.

12.2. Both parties agree that the concept of a website (particularly the structure of the website screens, main navigation) will not be protected by Intellectual Property Rights. The Client may find a similar structure in other sites and web applications developed by Aasha Family.

12.3. The Client will always respect Aasha Family’s Intellectual Property Rights and make reasonable efforts to protect those rights. The Client will immediately notify Aasha Family of any infringement by third parties on Aasha Family’s Intellectual Property Rights of which he becomes aware.

12.4. Branding elements (Logos, photos, illustrations, etc.) to be used by the Client for website creation can be provided to us via aashafamilygroup@gmail.com or through the website Wetransfer.com.

12.5. The material provided to Aasha Family must be the legal property of the Client if copyrights in the material provided exist.

12.6. Aasha Family cannot be held liable if the Client provides illustrations, images, or texts that would be protected by copyright. If Aasha Family is approached by a third party regarding this matter, the Client shall indemnify Aasha Family and be responsible for all legal costs incurred by Aasha Family to defend itself against the allegations of third parties.

Article 13. Confidentiality

Parties undertake not to disclose or communicate to third parties, directly or indirectly, any confidential business, commercial, or other information or documents obtained in the context of the agreement without the prior express written permission of the other party. All received information must be treated strictly confidentially.

Parties will only share received confidential information within their organization with individuals who need to have knowledge of such information in the context of the execution of the agreement, and who are bound by similar confidentiality obligations.

In the event of any disclosure or use of this information, whether due to negligence, error, or intention, the other party shall be immediately notified thereof and assistance shall be provided to recover such information and prevent and neutralize any use thereof in violation of the current agreement.

Parties undertake to return or destroy all documents or writings, as well as any copies made, upon first request from the party from whom they were received, except that a copy may be retained for legal obligations or when necessary for defense in any future dispute, or as part of routine backup.

The confidentiality obligation does not apply to information: (i) that was already publicly known at the time of disclosure, for reasons unrelated to any act or conduct of the receiving party, (ii) that was already legally in the possession of the other party provided that such information is not subject to any other confidentiality obligation, (iii) that is provided on a non-confidential basis by another source provided that such source is not bound by a confidentiality agreement or obligation, or (iv) that was autonomously developed without relying on confidential information.

This confidentiality obligation applies for a period of 2 years after termination of the agreement.

Article 14. Privacy

Aasha Family processes personal data in the context of its activities. Personal data should be understood as any information about an identified or identifiable person.

As Aasha Family values and respects the privacy and security of personal data, these personal data are processed exclusively in accordance with The Privacy Act, 2018 of Nepal.

Article 15. Termination of the Agreement

Upon termination of the agreement, upon request, a backup of the website can be provided. Additionally, the transfer code of the domain name will be communicated via email. This is a free service. The backup will be provided via Wetransfer.com. The client must settle all outstanding invoices before receiving the backup.

Article 16. Force Majeure

16.1. Force majeure situations such as strikes, public unrest, administrative measures, hosting problems, spam attacks or IP blockages, and other unexpected events beyond Aasha Family’s control, release Aasha Family, for the duration and extent of the hindrance, from its obligations, without the right to any price reduction or compensation for the client. ‘Force Majeure’ also means in relation to either Party, an event of an extraordinary, unforeseeable nature which is beyond the reasonable control of that Party and which makes it possible for it to perform its obligations hereunder including but not limited to: (a) hurricane, earthquake, lightning or any other act of Gods; (b) epidemic diseases or lockdowns; (c) civil war, rebellion, revolution. In no event shall Force Majeure include any event or condition which is curable or avoidable by the payment of money, except as consented to in writing by the Party other than the Party claiming Force Majeure.

16.2 If it is concluded in the above situation that it is no longer possible to reasonably fulfill the obligations, the agreement will be revised or terminated by mutual agreement. Any services already provided by Aasha Family up to the moment of force majeure will still be invoiced.

Article 17.Governing Law and Jurisdiction

The terms and conditions of this Contract and the interpretation thereof shall be governed by the laws of Nepal.

Article 18. Arbitration

If a dispute of any kind whatsoever arises between the Client and Aasha Family in connection with, or arising out of, the Contract or the execution of the Contract works, whether during the execution of the Contract or after their completion then Client or Aasha Family may give a notice of such dispute to the other Party, in which case the Parties shall attempt for next 30 days to settle such dispute amicably before the commencement of the arbitration. Such notice shall state that it is made in pursuant to this Clause. Any dispute which has not been amicably settled within 30 days after the day of which such notice is given shall be finally settled under the Arbitration laws of Nepal.