Terms of Service

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including but not limited to, the following Force Majeure events: (a) Acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, infestations,) epidemic, or pandemic; (c) war, invasion, terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (I) shortage of adequate power or transportation facilities. The impacted Party shall give Notice within 3 days of the Force Majeure Event to the other party, stating the period of when the occurrence is expected to continue. The Impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

Insurance

General Liability insurance coverage of $1,000,000 is standard for all Bydesign Events.