Terms and Conditions
By opting for services offered by PRECISION and by making payment thereof, it is agreed between PRECISION (hereafter referred to as ‘SELLER’) and Buyer (referred to as CUSTOMER or CLIENT) as follows:
A. Definitions
‘Extra Efforts’ or ‘Additional Services’ means any efforts or services which are not mentioned in the proposal.
‘Charges’ means all fees, charges/tariffs, costs and rates chargeable by SELLER from time to time for providing the CUSTOMER with the Service, for Software Products, for Goods and Additional Services and other Government levies.
‘CUSTOMER or CLIENT’ shall mean any person, proprietorship firm, partnership firm or private limited company or limited company or such other organisation authorized by SELLER to use the services or to whom SELLER sell goods or services.
‘Government’ shall mean the Government of India and/or the State Government of Maharashtra or such other local authority, as the case may be.
‘Services’ shall mean any services made available by SELLER or via its associates or partners.
‘Software Products’ of SELLER are like eCraftTM, eGallery, Nerve CenterTM etc. and are products/solutions developed by SELLER and licenses for which are sold by SELLER or via its associates or partners.
‘Goods’ shall mean all the Goods/Material/Equipment sold by SELLER or via its associates or partners.
‘MyPrecision’ is the online CUSTOMER Support Portal for support, billing, communication etc.
‘Renewal/Expiry Date’ means the renewal/expiry date of Software Product/Equipment/Goods/Service.
‘Support Email’ means support@precisiontech.in
B. Provision of Services
SELLER agrees to provide the Services or Goods to the CUSTOMER subject to the terms and conditions of this agreement.
C. Obligations of SELLER
1. SELLER shall use reasonable efforts to make the Services available to the CUSTOMER at all times.
2. The availability and quality of the Services may be affected by the factors outside SELLER’s control such as physical obstructions, geographic, weather conditions and other causes of interference or faults.
3. Services may be suspended in whole or in part at any time, without notice, if Network fails or requires maintenance. SELLER will make all reasonable efforts to minimise the frequency and duration of such events. The CUSTOMER will remain liable for all charges during the period of suspension unless SELLER in
its discretion decides otherwise.
4. SELLER has the sole right and discretion to vary or increase the Charges / Pricing at any time (if possible with a reasonable notice) to the CUSTOMER. CUSTOMER must understand that SELLER buying cost depends on various factors beyond SELLER’s control.
5. SELLER reserves the right to apply a monthly/quarterly/half-yearly/yearly financial limit and such other conditions for Charges incurred by the CUSTOMER and to demand interim advance payment, suspend or
disconnect access to the Services if such limits are exceeded.
6. SELLER has the right to check the credentials of the CUSTOMER including the CUSTOMER’s financial standing and to use the services of any person or agency for such purpose.
7. SELLER will strive to provide approx 97% uptime of servers and servers related services viz. email, hosting etc. CUSTOMER agrees to not to ask for refund or not legally sue SELLER, for SELLER not meeting uptime of 97% or above.
D. Obligations of the CUSTOMER
The CUSTOMER hereby expressly agrees:
1. To make payments for the Services on the following basis
(a) payment will be due when SELLER raises the billing statement on the CUSTOMER.
(b) payment will be made on or before the due date mentioned in the invoice or as per schedule mentioned in the proposal, failing which SELLER shall be entitled to charge interest @18% per annum or INR 500 whichever is higher and/or late fees on all outstanding Charges from due date till date of payment & shall be entitled to discontinue Services or delivery of Goods/Software Products, without notice, in its sole discretion. Cheque return will attract a penalty of Rs. 1000 separately.
(c) in case of delinquent payment or non-payment, the access, ownership, transfer and all services will be nullified / terminated.
(d) the CUSTOMER will pay all the costs of collection and legal expenses, with interest should it become necessary to refer the matter to a collection agency or to legal recourse to enforce payment. (e) SELLER shall be entitled to apply payments / deposits / advances made by the CUSTOMER towards
any Charges outstanding including for any other SELLER service or goods availed by the CUSTOMER.
(f) payments will be made in cash, digitally, credit card or A/c Payee cheque or demand draft or internet banking or any other instrument drawn on any bank in Nagpur and payable at Nagpur.
(g) the CUSTOMER shall be liable for all Charges for the Services provided to the CUSTOMER whether or not the Services have been used by the CUSTOMER.
(h) in the event of any dispute regarding the Charges, the CUSTOMER agrees to pay SELLER Charges billed pending resolution of such dispute.
(i) the CUSTOMER shall be liable to pay for the Services provided even if he/she does not receive the bills. It will be the CUSTOMER’s responsibility to make enquiries in case of non-receipt of bills.
(j) Charges payable by the CUSTOMER are exclusive of taxes, duties or levies payable, unless expressly stated to the contrary in the billing statement.
(k) any advance/security deposit paid by the CUSTOMER shall be adjusted against any dues payable by the CUSTOMER to SELLER and balance if any will be refunded by SELLER within 60 days from the deactivation of the Services.
2. To make advance payment for Charges including service charges if billed to CUSTOMER by SELLER.
3. To not use or cause or allow others to use the Services for any improper, immoral or unlawful purpose including in any manner (for e.g. Spamming, Bulk Emailing, Transmission of infected content etc.) which may
jeopardise or impair the operation of the Network and/or the Services.
4. To comply with instructions issued by Government or SELLER, concerning CUSTOMER’s access to and use of Services.
5. To furnish correct and complete information and documents as required by SELLER from time to time.
The Services agreed to be provided by SELLER shall always be subject to verification of the CUSTOMER’s credentials and documents and if at any time, any information and/or documents furnished by the CUSTOMER is/are found incorrect or incomplete or suspicious, SELLER shall be entitled to
suspend/terminate the Service forthwith without any further notice.
6. That SELLER may suspend the Service in whole or in part at any time without prior notice and without assigning any reason thereto. SELLER reserves the right to Charge for re-activation.
7. CUSTOMER is liable (a) for the Charges during the period of suspension and thereafter (b) to pay the overages as applicable and (c) Charges towards Extra Efforts
8. To comply with the applicable laws, rules and regulation regarding the use of the Services and procurement of the Equipment including but not limited to relevant tax laws and import control regulations.
9. To pay to SELLER such amount as SELLER may require as security for the due performance of the CUSTOMER’s obligations under these terms and conditions. SELLER may set off these amounts against any cost, damages or expenses which SELLER may suffer or incur as a result of the CUSTOMER’s failure to perform any of these obligations. Security deposit amount shall not carry any interest.
10. To inform SELLER, in writing, of any changes in billing name or billing address or email id or cellular number. Any written communication, billing statement or notice from SELLER to the CUSTOMER will be deemed as served within 48 hours of posting by ordinary mail or email.
11. To notify SELLER immediately in case of any complaints with regards to the Services via email.
12. Not to assign any right or interest under this agreement without SELLER’s prior written consent.
13. To be bound at all times by any modifications and or variations made to these terms and conditions.
14. CUSTOMER is not entitled to assign/transfer/resell/lease/rent or create any charge/lien on the Service of any nature whatsoever or Software Product owned by SELLER, without prior permission of SELLER. Any transfer affected in contravention of the express terms contained herein, shall not absolve the CUSTOMER of his/her primary duty towards SELLER for usages charges levied against the CUSTOMER.
15. To timely provide SELLER with the certificates etc. towards any deductions as per the law.
16. Security and Backup of data for which CUSTOMER is provided access, is liability of CUSTOMER.
17. CUSTOMER must verify the credentials of the visiting SELLER’s personnel.
18. Neither SELLER’s personnel will install any illegal/pirated software/text/images for CUSTOMER nor any Illegal/pirated software/text/images are covered under maintenance service support.
19. Work will commence once SELLER receives (a) Work/Purchase order referring proposal, scope of work and payment schedule (b) Duly signed and stamped copy of proposal (c) Duly filled, signed and stamped CUSTOMER Agreement form.
20. CUSTOMER must designate only one of his/her personnel to coordinate and to approve the work/delivery. CUSTOMER is not allowed to change designated personnel till completion of work. In case of factors outside control, change of personnel is allowed if agreeable to both the parties.
21. Domain and Web hosting account with data/email is deleted after seven days of Renewal/Expiry Date. Late renewal during these seven days attracts late payment Charges too.
22. SELLER will remind CUSTOMER about the renewal dates. CUSTOMER is also responsible to remember renewal dates and make renewal payments before Renewal/Expiry Date.
23. CUSTOMER must provide information/references for his/her choice for design, images in JPEG format, content in editable MS Word format and Logo in editable CDR or PSD format via email and before commencement of work. Our designers will use all the images provided as-is. Besides basic cropping,
SELLER is unable to perform advanced manipulation. Logo design, Content writing or typing or proof-reading or extra design samples is separate job work needing Extra Efforts and is separately chargeable. Static page means an A4 size page containing text in Arial font size 12.
24. CUSTOMER is liable to pay any statutory duties or levies or taxes as applicable by the law.
25. Once the order is confirmed CUSTOMER must sign up with MyPrecision.
26. SELLER will not be responsible for any delay in schedule caused due to delay in providing the content to SELLER or any kind of other delay on part of CUSTOMER. CUSTOMER will not hold back any of SELLER’s payment for delays on part of CUSTOMER. Content received after the completion of work OR in excess as per proposal will be termed as extra and separately chargeable.
27. Transfer of domain name from his/her existing service provider to SELLER is the sole responsibility of CUSTOMER.
28. CUSTOMER must use MyPrecision and/or Email for service and support.
29. Domain control panel will be provided within 48 hrs on CUSTOMER request from registered email.
E. Software Product License to use:
1. If billed for SELLER’s products like eCraftTM, eGallery, Nerve CenterTM etc. CUSTOMER gets the single domain license which is non-transferable to any other Domain name or other person/party and for use only on SELLER’s web servers without ftp & hosting control panel access. The license is subject to yearly renewal against annual maintenance support charges.
2. Under all/any circumstances, programming code of Software Products is the sole property of SELLER and under no circumstances CUSTOMER can claim any rights towards the ownership of product or code. License of the product is only for using it i.e. License to use.
3. Credits to Software Product and/or SELLER are compulsorily mentioned on the CUSTOMER website. Credit to SELLER is compulsorily mentioned on the designed and/or printed material of the CUSTOMER.
4. Any customization done in the Software Product doesn’t make the CUSTOMER the owner of product. Under all/any circumstances the Software Product remains the property of SELLER with full rights over the entire product and customizations done.
F. Validity
1. Both parties agree that, this agreement has been duly authorised and executed and is valid and binding and is enforceable in law in accordance with its terms.
2. The validity construction and performance of this agreement shall be governed by and interpreted in accordance with the laws of the Republic of India.
3. The courts in Nagpur City shall have the jurisdiction.
4. Should any provision of this agreement be or become ineffective or be held to be invalid, this shall not affect the validity of the remaining provisions. Any invalid provision in this agreement shall be replaced, interpreted or supplemented as the case may be in such a manner that the intended economic purpose of the agreement will be achieved.
5. This agreement is complete and exclusive statement of agreement between parties and it supersedes all understanding or prior agreement, whether oral or written and all representations or other communications between parties.
6. Prices/Availability/Specifications are subject to change without prior notice.
7. These terms & conditions are subject to applicable Indian laws, rules and regulation framed thereunder and any statutory modifications or re-enactment for time being in force and any other Government regulations issued from time to time.
G. Support, Goods Return, Warranties, Disclaimer of warranties
1. SELLER sends CUSTOMER the information related to terms/conditions/services/offers/warnings/support/advisories etc. via email/sms/telephone. It is
CUSTOMER’s responsibility to do the needful accordingly.
2. Annual Maintenance Support Charge for renewal of License to use of Software Product is compulsory as specified in the proposal and includes services (a) Maintaining Software Product in working condition (b) FREE feasible patches and updates (c) CUSTOMER support via email, telephone and MyPrecision.
3. Goods, Software Products, Services once sold will not be taken back or exchanged and payment will not be refunded under any circumstances. Our risk & responsibility ceases on delivery of the goods. After sales support services is valid only if applicable to purchased item and explicitly mentioned in the invoice.
4. SELLER makes no representation or warranty other than those set forth in this agreement. SELLER expressly disclaims all other warranties express or implied, including, but not limited to any implied warranty or merchantability or fitness for a particular purpose.
5. Any goods or equipment re-sold by SELLER will carry the warranty, if any, of the manufacturer. Service to such goods or equipment, if not explicitly mentioned in invoice, if any, will be provided by authorized service centre of the manufacturer. SELLER is not liable towards service support or replacement under warranty, if any, of any goods or equipment manufactured by third party and that SELLER is just reselling.
H. Disclaimer of liability
1. SELLER shall not be liable to the CUSTOMER for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the Services or Products or Equipment or Goods, their use, application or otherwise except to the extent to which it is unlawful to exclude such liability.
2. Malfunction / Limitation in working of any of SELLER’s sevices or products due to any change in third party Software / Hardware on which SELLER’s services or products are dependent for functioning are not covered under maintenance support and SELLER cannot be held responsible for it. Though SELLER shall use reasonable efforts for resolution of issues if feasible. However CUSTOMER will be liable for Charges towards Extra Efforts.
3. Under any circumstances, SELLER will not be responsible for any kind of loss / damage of data / equipment etc. while / due to working SELLER’s service personnel at CUSTOMER’s site. All the maintenance and service related work executed is at the risk of CUSTOMER. CUSTOMER has rights to ask SELLER’s service personnel to work under CUSTOMER’s authorized personnel’s vigilance, seek information and take decision regarding maintenance / service work.
4. Notwithstanding the generality of (a) above, SELLER expressly excludes liability for consequential loss, damage or for loss of profit, business revenue, goodwill or anticipated savings.
5. SELLER at its discretion, may send to the CUSTOMER various information on his/her cellular number through SMS or on his/her email id through Email or on his/her billing address through mail or otherwise, as an Additional Service. In case the CUSTOMER does not wish to receive such information he/she may notify SELLER via email at Support Email
6. In the event that any exclusion contained in this agreement shall be held to be invalid for any reason, and SELLER becomes liable for loss or damage that it may otherwise not have been liable, such liability shall be limited to the cost of the Services actually paid for by CUSTOMER to SELLER during relevant period.
7. CUSTOMER agrees to indemnify and keep SELLER harmless and defend SELLER at its own expense from and against all claims arising as a result of breach of this agreement and from all taxes, duties or levies.
8. SELLER advises CUSTOMER to make cash payments only after verifying the credentials (ID card etc.) of the visiting personnel of SELLER. SELLER encourages cheque, demand draft or internet banking transfer to avoid any untoward incident. SELLER will not be liable for any such loss incurring due to handing over of cash payment to unauthorized personnel.
9. CUSTOMER agrees that any request/communication received from CUSTOMER’s and his/her authorized personnel email ids or mobiles numbers on SELLER’s Support Email via email or SMS shall be deemed to be valid request/communication from the CUSTOMER. Nothing herein shall apply with respect to the notice to be given by the CUSTOMER section J or any other provisions of this agreement.
10. CUSTOMER must regularly update and verify credentials of his / her authorized personnel registered with MyPrecision and in case of any issue must inform SELLER immediately and confirm the same in writing to avoid loss/damage. Liability of any loss due to misuse/mistake/mishandling/loss of confidential information by/due to CUSTOMER or his/her authorized personnel remains with CUSTOMER and SELLER will not be held responsible under any circumstances.
11. Online servers always attracts risks. So CUSTOMER must backup their data viz email, website, application, tallydata etc regularly to avoid loss/damage. Customer has the option of opting for backup subscription. Under any circumstances SELLER will not be held responsible for any loss of data due to any
reason.
12. There is no refund for any downtime or malfunction of any kind of softwares or services.
I. Termination
1. Either party shall have the right to terminate the agreement by giving 60 days prior notice in writing.
2. Notwithstanding anything contained herein, SELLER shall be entitled to terminate this agreement and the Services if (a) the Government either suspends or terminates the License or Permission or the Services temporarily or otherwise (b) at any time the CUSTOMER fails to satisfy the requisite credit checks or provides fraudulent information to SELLER. (c) the CUSTOMER fails to pay its subscription or the Charges due (d) the CUSTOMER is in breach of any other terms of the agreement and the CUSTOMER does not remedy the breach within seven (7) days of the day of receipt of a written / email notice from SELLER specifying the breach.
3. The agreement may also be terminated at the option of either party, on the happening of the following events (a) if either party is declared insolvent, bankrupt or is liquidated or dissolved (b) if a trustee or receiver is appointed to take over the assets of either party (c) if the Government requires any of this agreement to be revised in such a way as to cause significant adverse consequences to either party
4. Termination of this agreement under the preceding provisions shall be without prejudice to and in addition to any right or remedy available to the terminating party under any applicable law or statute.
5. In the event of termination of the agreement for any reason whatsoever, SELLER shall be entitled to recover all outstanding Charges and dues from the CUSTOMER.
6. If the agreement is terminated for reasons of fraudulent information provided or misuse or unlawful use by the CUSTOMER, the security deposit shall be forfeited.
7. In case of late or non-payment, all access and services will be disconnected.
J. Miscellaneous
1. All notices required to be given to SELLER pursuant to this agreement shall be in writing and shall be directed by registered post to the Registered office at PRECISION, Plot No 55, Taywade Nagar Part 2, Beltarodi | Nagpur 440037. www.PrecisionTech.in support@precisiontech.in