Terms & Conditions

A. Definitions

Agreement

This Terms & Conditions document, including annexures, schedules, and updates issued by SELLER.

Effective Date

The date on which CUSTOMER first accepts these Terms or avails Services.

Services

All IT/ITES services including but not limited to domain registrations, email hosting, servers, data backups, cloud solutions, digital signatures, managed IT support, consultancy, and related deliverables provided by SELLER.

Goods

Tangible products, devices, or equipment supplied by SELLER.

Charges

All fees, tariffs, taxes, levies, penalties, and additional service costs payable by CUSTOMER to SELLER.

Confidential Information

Non-public business, technical, or personal information disclosed under this Agreement.

Force Majeure

Events beyond reasonable control including natural disasters, war, strikes, government action, or failures of utilities/internet providers.

CUSTOMER

Any person, firm, or organization authorized by SELLER to use or purchase Services or Goods.

B. Provision of Services

SELLER will provide Services and/or Goods subject to the terms of this Agreement. SELLER may modify, suspend, or withdraw Services to comply with law, technical requirements, or operational needs, without liability beyond applicable SLA credits.

C. Obligations of SELLER

• Use commercially reasonable efforts to keep Services available; target uptime is 97% unless otherwise agreed in writing.
• Provide CUSTOMER with scheduled maintenance notices where practicable.
• Ensure technical safeguards and compliance with applicable Indian IT laws (including DPDP 2023, IT Act 2000, and CERT-In guidelines).
• Reserve the right to revise Charges with prior notice.
• Reserve the right to apply credit limits, require advance deposits, or suspend Services for non-payment or misuse.
• Retain all intellectual property rights in software, code, documentation, and know-how, unless expressly transferred in writing.

D. Obligations of the CUSTOMER

1. Payments: CUSTOMER must pay Charges on or before the due date. Late payments attract interest at 18% p.a. or INR 500/month (whichever higher), plus collection/legal costs. Cheque return fee INR 1,000.
2. CUSTOMER remains liable for Charges whether or not Services are actively used.
3. Provide complete and accurate information and documents; SELLER may suspend/terminate Services if fraudulent or incomplete details are found.
4. Use Services only for lawful purposes; not to engage in spamming, unauthorized access, or illegal activities.
5. Maintain security of login credentials, backups, and data stored/processed through Services.
6. Not transfer, resell, lease, or create any lien on Services without SELLER’s prior written consent.
7. Promptly notify SELLER in writing of changes in billing contact details.
8. Indemnify SELLER against claims, losses, or damages arising from CUSTOMER’s misuse or breach of these terms.

E. Software Product License

1. CUSTOMER is granted a limited, non-exclusive, non-transferable license to use SELLER’s software (e.g., eCraft™, eGallery™, Nerve Center™) solely for agreed purposes.
2. All source code, IP rights, and enhancements remain the sole property of SELLER.
3. Customizations or integrations do not transfer ownership rights.
4. CUSTOMER must display SELLER’s credits on digital or printed materials if contractually required.

F. Validity & Governing Law

1. This Agreement is binding and enforceable upon Effective Date.
2. It shall be governed by the laws of India.
3. Exclusive jurisdiction: Courts of Nagpur, Maharashtra.
4. If any provision is held invalid, the remaining terms shall continue in effect.
5. This Agreement supersedes all prior proposals, understandings, or communications.

G. Support, Returns & Warranties

1. Support is provided via MyPrecision portal, email, or phone, subject to active AMC or support contract.
2. Annual Maintenance or Support Fees are mandatory for updates, patches, and continued assistance.
3. All Goods/Services are non-returnable, non-refundable unless mandated by law or written agreement.
4. SELLER provides no implied warranties of merchantability or fitness; warranties are limited to those explicitly provided.
5. Third-party products/services carry manufacturer or provider warranties only; SELLER bears no responsibility beyond facilitation.

H. Disclaimer & Limitation of Liability

1. SELLER shall not be liable for indirect, incidental, special, or consequential damages including loss of data, profits, or goodwill.
2. Total liability, if any, shall not exceed the Charges paid by CUSTOMER for the affected Service during the preceding 3 months.
3. CUSTOMER is solely responsible for data backups; SELLER is not liable for data loss or corruption.
4. SELLER is not responsible for downtime or malfunctions caused by third-party software, hardware, ISPs, or regulatory changes.
5. CUSTOMER indemnifies SELLER against claims, penalties, or damages arising from CUSTOMER’s misuse, illegal activity, or non-compliance with law.

I. Termination

1. Either party may terminate by giving 60 days’ written notice.
2. SELLER may terminate immediately for CUSTOMER’s insolvency, non-payment, fraud, misuse, or breach of law.
3. Termination does not waive SELLER’s right to recover outstanding dues.
4. Upon termination, CUSTOMER’s licenses, access rights, and data hosting will cease unless otherwise agreed in writing.

J. Miscellaneous

1. All notices to SELLER must be in writing and delivered via registered post or email:
   PRECISION e-Technologies Pvt Ltd,
   Plot No. 55, Taywade Nagar Part 2, Beltarodi, Nagpur 440037
   Email: support@precisiontech.in
2. No waiver of rights by SELLER unless in writing.
3. Amendments or modifications must be mutually agreed in writing.
4. This Agreement constitutes the entire understanding between the Parties and overrides all prior agreements.