Services provided by Nautical Consulting commence once payment is received. Unless otherwise expressly agreed in writing, no refunds will be issued once Nautical Consulting has begun performing the requested service.
Indemnification and Hold-Harmless
You (the “Client”) agree to indemnify, defend, and hold harmless Nautical Consulting, its officers, directors, employees, agents, and affiliates (collectively, the “Indemnitees”) from and against any and all damages, claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Any breach by the Client of any representation, warranty, or covenant contained in this Agreement.
Any failure of the Client to perform or fulfil any of its obligations hereunder.
The negligence or intentional misconduct of the Client, any subcontractor engaged by the Client, or their respective employees or agents.
Any failure of the Client, its subcontractors, or their respective employees or agents to comply with any applicable law, regulation, or requirement.
Any litigation, claim, or proceeding by any third party relating in any way to the Client’s use of the services provided by Nautical Consulting.
Any taxes, unemployment insurance, or other employment-related liabilities for which the Client is responsible.
Any claim that the services, or any part thereof, infringe or misappropriate the intellectual property rights of a third party.
Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement—or the breach, termination, enforcement, interpretation, or validity thereof—shall be resolved by arbitration in the U.S. Virgin Islands under the rules of the American Arbitration Association then in effect. The arbitration shall be conducted in English. The costs of the arbitration shall initially be borne by the Client; however, the arbitrator may award recovery of costs (including reasonable attorneys’ fees) to the prevailing party.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the U.S. Virgin Islands, without regard to its conflict-of-law provisions.
