Terms & Conditions

Sale Terms and Conditions

Definitions

1. “sale” means absolute transfer of ownership of the software, domain and hosting, but does not include transfer of intellectual property rights over the software or the source code of the software, and in such case, the software provider shall be deemed to be a seller, and the subscriber shall be deemed to be a purchaser.

Scope of work:-

1. In a contract for sale, the project shall be executed on a turnkey basis and the seller shall develop the software, and purchase the domain and server on behalf of the purchaser, and upon successful hosting of the software so developed on the server and domain so purchased, the seller shall transfer the entire ownership of the software, server and domain, to the purchaser.

Provided that the seller shall retain the intellectual property rights over the software, which will include the source code also.

Provided, further, that upon such sale as aforesaid, the purchase of server and domain by the seller in his name would be deemed to be a purchase by the purchaser in his name, and the seller shall be relieved of any liability arising out of the misuse of such server or domain.

2. Upon such sale as aforesaid, the seller shall have no rights, save as hereinbefore provided, over the software, domain, server and the manner in which such software, domain, server is put to use. The seller shall in no manner be responsible for any misuse of the software or its use for any purpose forbidden by law.

3. The purchaser undertakes to abide by the local laws of India, including the Information Technology Act, 2008 and the Indian Penal Code, 1860, and the seller, upon sale, shall not be liable for any act done by the purchaser through the use of such software, domain or server.

4. Such sale shall be subject to the provisions of Section 79(3)(b) of the Information Technology Act, 2008 and shall, therefore, not affect the right of the seller to block the source code of the software or block the server or domain if it is discovered that the software, domain or server is being used for an illegal purpose

5. The purchaser, shall take all steps to get their identities verified by the seller, prior to any contract.

6. DAANI IT SOLUTION PRIVATE LIMITED Allahabad is the publisher/distributors/owner of the product.

7. This product is strictly meant for personal use, taking out data from database/software or making copies there of replication in any manner whatsoever, storage, distribution and any other retrieval or transmission of data in any form by any means is prohibited, except without prior written permission of DAANI IT SOLUTION PRIVATE LIMITED.

8. Separate charges would be applicable for the update service. The amount paid is non-refundable. All taxes, fees and duties existing or subsequently imposed are to be borne by the subscriber.

9. In case of any default in payment or dishonor of cheque, the Company may, at its sole discretion:

       a.    Recall/Repossess/Recover the product or exercise the option to stop further use of the product, and

       b.    Stop serving the further update to the party till the default is made good, and

       c.    Exercise any other right or remedy, which may be available to it under the applicable laws.

10. The purchaser shall not modify, adapt, translate, reverse engineer, decompile or disassemble the software of the database/software or create similar works based on it without obtaining the written permission /approval from the DAANI IT SOLUTION PRIVATE LIMITED

11. The Client shall not be entitled to have the access to the source code. Software will be hosted by Client by taking hosting package from DAANI or from anywhere else (Full Payment).

12. While all reasonable care has been taken to ensure accuracy and completeness of the database/Software, the Publisher/Licensor or their agents would not be liable in any manner for any mistake or omission in the Database/Software or for any action taken or omitted to be taken or advice rendered or accepted on the basis of the databases/software or for any consequential loss or inconvenience arising there form.

13. The publisher/Licensor or its agents shall not be liable for failure to perform its obligations, if the failures result from any Natural Calamity, Act of God, an Act of Government, other authorities or statutory undertakings, fire, explosion, accident, power or equipment failure or anything beyond Publisher/Licensor’s control. Nor would they be any incidental or consequential loss or damages arising out of the use, misuse or inability to use the product.

14. DAANI IT SOLUTION PRIVATE LIMITED specially warned that only The purchaser will be responsible for any misuse of the product by himself, itself, his/its employees, partners, servants and agents, and should be subscriber violate any of their terms of this purchase, it would be liable to be terminated and no part of the purchase fee would be refundable.

15. All copyright notices used throughout the program, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including "powered by" wording that appears online along with link, must remain visible to the human eye. Your acceptance of this agreement also permits Publisher to list your Website in promotional materials and/or on our Website, unless a special agreement is made prohibiting such use.

16. If there any APIs or dependencies are there due to a 3rd party vendors or component, then it is clients responsibility for communicating with them as well as for procurement of such components.

17. Features mentioned in packages will be provided by client to integrate in software like SMS, Short Code, Chat, Payment Gateway SSL, Shopping Cart, dedicated server cost.

18. The Publisher/Licensor or its agents shall not collect any Personally identifying information about you or your members except when specifically and knowing provided by you. Such information will not be transferred to any other parties unless otherwise stated at the time of collection

19. Refunds are NOT given in any condition

20. All rights not expressly granted herein are reserved with DAANI IT SOLUTION PRIVATE LIMITED

21. All disputes and claims will be subject exclusively to the jurisdiction of courts/forums/tribunals at Allahabad only.

22. If you select full payment of any package then we will hand over database, domain, software (encrypted form) to you and you can host it anywhere. In this case we will charge for any other service/updation if it comes after one year.

23. If you select one time payment then software will be hosted by us and you can use it for life time and after six months Annually Maintenance Charge will start which is 30% maximum cost paid.

Service Terms and Conditions

Definitions:-

1. “service” excludes sale of software, domain and server, and in such case, the software provider shall be deemed to be a service provider or intermediary.

Scope of work:-

1. In a contract for service, the service provider shall develop the software, purchase the domain and server and host the software so developed over the server and domain so purchased.

2. The service provider shall continue to retain control over the manner in which such software is used and shall be responsible only for ensuring and maintaining smooth functioning of the software, but the service provider shall not:-

    (i) initiate any transmission of data

    (ii) select the receiver of the transmission

    (iii) select or modify the information contained in the transmission.

3. The role of the service provider shall be limited to providing access to a communication system over which the software is hosted.

4. Such contract for service shall be subject to the provisions of Section 79(3)(b) of the Information Technology Act, 2008 and shall, therefore, not affect the right of the seller to block the source code of the software or block the server or domain if it is discovered that the software, domain or server is being used for an illegal purpose.

5. The subscriber, shall take all steps to get their identities verified by the service provider, prior to any contract.

6. No contract for service shall be entered into if the subscriber fails to verify his credentials to the satisfaction of the service provider. In such case, however, it shall be open to the service provider to negotiate a contract of sale and execute the project on a turnkey basis.

7. DAANI I.T. SOLUTION PRIVATE LIMITED Allahabad is the publisher/distributors/owner of the product.

8. This product is strictly meant for personal use, taking out data from database/software or making copies there of replication in any manner whatsoever, storage, distribution and any other retrieval or transmission of data in any form by any means is prohibited, except without prior written permission of DAANI IT SOLUTION PRIVATE LIMITED.

9. Payment of the subscription fee entitles the subscriber to a non – transferable, non – exclusive subscription to use the Database/Software and one customized copy of Software to access the Database/Software provided online.

10. Separate charges would be applicable for the update service. The subscription fee paid is non-refundable. All taxes, fees and duties existing or subsequently imposed are to be borne by the subscriber.

11. In case of any default in payment or dishonor of cheque, the Company may, at its sole discretion:

     a. Recall/Repossess/Recover the product or exercise the option to stop further use of the product, and

     b. Stop serving the further update to the party till the default is made good, and

     c. Exercise any other right or remedy, which may be available to it under the applicable laws.

12. The subscriber shall not modify, adapt, translate, reverse engineer, decompile or disassemble the software of the database/software or create similar works based on it without obtaining the written permission /approval from the DAANI IT SOLUTION PRIVATE LIMITED

13. Billing period will start from the development start date

14. The Client shall not be entitled to have the access to the source code. Software will be hosted on DAANI IT SOLUTION PRIVATE LIMITED Server(s).

15. While all reasonable care has been taken to ensure accuracy and completeness of the database/Software, the Publisher/Licensor or their agents would not be liable in any manner for any mistake or omission in the Database/Software or for any action taken or omitted to be taken or advice rendered or accepted on the basis of the databases/software or for any consequential loss or inconvenience arising there form.

16. Some mentioned features of our Packages may be provided within one month to three month of time.

17. The publisher/Licensor or its agents shall not be liable for failure to perform its obligations, if the failures result from any Natural Calamity, Act of God, an Act of Government, other authorities or statutory undertakings, fire, explosion, accident, power or equipment failure or anything beyond Publisher/Licensor’s control. Nor would they be any incidental or consequential loss or damages arising out of the use, misuse or inability to use the product.

18. DAANI IT SOLUTION PRIVATE LIMITED specially warned that only The subscriber will be responsible for any misuse of the product by himself, itself, his/its employees, partners, servants and agents, and should be subscriber violate any of their terms of this subscription, it would be liable to be terminated and no part of the subscription fee would be refundable.

19. All copyright notices used throughout the program, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including "powered by" wording that appears online along with link, must remain visible to the human eye. Your acceptance of this agreement also permits Publisher to list your Website in promotional materials and/or on our Website, unless a special agreement is made prohibiting such use.

20. If there any APIs or dependencies are there due to a 3rd party vendors or component, then it is clients responsibility for communicating with them as well as for procurement of such components.

21. Features mentioned in packages will be provided by client to integrate in software like SMS, Short Code, Chat, Payment Gateway, SSL, dedicated server cost, etc.

22. The Publisher/Licensor or its agents shall not collect any Personally identifying information about you or your members except when specifically and knowing provided by you. Such information will not be transferred to any other parties unless otherwise stated at the time of collection.

23. Refunds are NOT given in any condition

24. The Software is as service and not sold to you. You have no ownership rights in the Software, Domain, Website, Web space, etc. rather this subscription gives you limited rights to use the Software.

25. All rights not expressly granted herein are reserved with DAANI IT SOLUTION PRIVATE LIMITED

26. All disputes and claims will be subject exclusively to the jurisdiction of courts/forums/tribunals at Allahabad only.

27. If you choose monthly/quarterly/and so on (SAAS) payment mode then you will use software for that much of duration for which you have paid and software will be hosted by us.

28. For SAAS system first payment should be of minimum 3 months.

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