Terms and Conditions

Company reserved the right to change terms and condition any time without any prior notice and that would be binding to all customer.

Thanks for using Nishchal Soft-Tech Pvt. Ltd.
Please read these Terms carefully. By using Nishchal Soft-Tech Pvt. Ltd you’re agreeing to these Terms. This is a legal agreement.

AGREEMENT

Agreement [the "AGREEMENT"] is entered into by [Your Company Name] having its principal place of business at [Your Company Address] and Nishchal Soft-Tech Pvt. Ltd. having its principal place of business at Ahmedabad, India.

The effective date of this agreement shall be the date corresponding to the signature last executed below [the "Effective Date"]. [Your Company Name] and Nishchal Soft-Tech Pvt. Ltd. are hereinafter collectively referred to as the Parties and each individually as a Party to this AGREEMENT. [Your Company Name] will be referred as client and Nishchal Soft-Tech Pvt. Ltd. will be referred as vendor/service provider.

Scope

Software for online product distribution website/Portal with referral concept where member/customer / Agent can register and earn incentive by referring product. Full scope is not included in this general agreement because it need several meeting and understanding. A separate scope document needs to be prepared for clear understanding to incorporate changes.

General Terms and Conditions

• We will develop and provide software as per your requirement. We will make use of licensed software development tool available with us. Client will have to bare the expense if it requires purchasing additional license to run the software in their premises or to run it from different cloud server.
• Nishchal soft-Tech Pvt. Ltd. will not be responsible for any legal implication arise out of software usage. Client has to check legality of data storage and also legality of business model and has to obtain required permission from respective bodies.
• There will be three month of warranty for minor bug fixed free of cost. If any work required to be do rework of any part of software or data then it will be charged extra.
• The CLIENT shall at all time indemnify the Nishchal Soft-Tech Pvt. Ltd. against all claims, damages, cost or expenses occasioned by any breach of Intellectual Property Rights for services under the project assignment. Provided always that in the event any such claim in respect of the alleged breach or infringement of the Intellectual Property rights is being made against the VENDOR, the CLIENT shall at its own expense either settle any such dispute or conduct at its cost the litigation that may arise there from during the project implementation period or after project implementation.
• Vendor is providing service as per Client demand, hence Client shall indemnify, defend and hold the VENDOR harmless against all claim, loss, and damages of any nature whatever including claims for loss or damage to property or injury or death to persons caused by or resulting by any operations conducted by or on behalf of the CLIENT.
• Nishchal Soft-Tech retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects. Nishchal Soft-Tech may put a text link on the bottom of every page in website as mark of creation.
• Nishchal Soft-Tech assumes that Client has permission from the rightful owner to use any images or design elements that are provided by or instructed by Client for inclusion in the website, and will hold harmless, protect, and defend Nishchal Soft-Tech Pvt. Ltd. from any claim or suit arising from the use of such elements.
• The agreement contained in this contract constitutes the sole agreement between Client and the Nishchal Soft-Tech regarding all items included in this agreement.
• Annual Maintenance Fee. An Annual Maintenance contract towards maintaining and updating the site can be signed between both the parties if agreeable to both the parties.
• Other Fees & Charges. Any additional fees will have to be agreed between both the parties in case client needs more features apart from what defined in scope of any particular phase.
• Termination for Cause. This AGREEMENT may be terminated by either Party if (i) a receiver is appointed for either Party or its property, (ii) either party makes an assignment for the benefit of its creditors, (iii) any proceedings are commenced by, for or against either Party under any bankruptcy, insolvency or debtor's relief law for the purpose of seeking a reorganization of such Party's debts, and such proceeding is not dismissed within ninety (90) calendar days of its commencement, (iv) either Party is liquidated or dissolved; or (v) this AGREEMENT may also be terminated immediately by the non-breaching Party in the event of any material breach of this AGREEMENT by giving thirty (30) days prior notice to the breaching Party, unless the breaching Party has cured such breach during this thirty (30) day period.
• Client has to establish verifying measure before using software, goods or service for actual use. This is to make sure that the procured material/software is as per need and standard. Once client accept material/software, we assume that it was as per requirement.
• Nishchal soft-tech Pvt. Ltd. gives no guarantee for refund of the money as we may have spent those in various development activities for you.

Deliverables

Based on the documents and meeting we are agree on following deliverables:

• Single website/portal for online product distribution along with referral program details.
• Admin panel for various reports and controlling of portal.
• A Shared hosting on our server.

Execution Process

You need to assign one authorized person from your team for all communicate and coordination regarding project. This is required for proper decision making and to avoid any instruction overlapping. When we start work, we need name, mobile number and email address of authorized person to start work.

There will be phase for the project:

• Requirement understanding.
• Development of working demo application for user testing and acceptance.
• Final delivery after minor modification and bug fixes.

Project Timeline

Demo application will be provided within 1 month of time. Final delivery depends on user feedback and nature of changes. However we expect it to be completed within 3 months of time.

Payment Terms

• Client will pay 30% advance as confirmation for commencement of work.
• Total project will be divided in some phase/part and remaining payment will decided as per phase.

Special Clause

In future, if Nishchal Soft-Tech is not able to provide support or maintain software for client or decide to stop support for this software, alternative arrangement will be provided from our side. Which are described as:

Arbitration Clause

On the aspects where the Articles of this AGREEMENT are silent or for cases relating to deviation from these articles, efforts would be made to resolve the issues through mutual dialogues and consultations between CLIENT and VENDOR. If such a resolution is not possible then the unresolved disputes and differences shall be referred to the committee. The decision of the committee, who will act as an Arbitrator, will be final and binding on the both the parties

Limitation of Liability

Each party's total liability under this agreement is limited to the value of services rendered. In no event shall either party be liable to the other, whether in contract or in tort or under any other legal or equitable theory (including strict liability) for any indirect, incidental, exemplary, punitive, special or consequential damages, including loss of profits, revenue, data or use or for interrupted communications, incurred by either party in connection with this agreement, even if the other party or any other person has been advised of the possibility of such damages.

Force Majeure

No Party will be responsible for the breach of any obligation established in this AGREEMENT if such reach is caused, directly or indirectly, by war (declared or undeclared), insurrection, civil disturbance, orders, rules, regulations or decrees of any competent government authority, strikes, labour shortages, fire, flood, earthquake, storm, failure of Internet access service, power outage, or act of God.