Terms
1. TERM OF AGREEMENT
You agree that Originate Soft may modify this Agreement and the Services from time to time. You agree to be bound by any changes Originate Soft may reasonably make to this Agreement when such changes are made. If you have purchased Services or Software from us, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Software or Services. In the event you terminate your usage, Originate Soft will not refund any amounts you have paid. You agree that we shall not be bound by any representations made by third parties who you may use to purchase Services from us, and that any statement of a general nature, which may be posted on Originate Soft’s Web site or contained in Originate Soft’s promotional materials, will not bind Originate Soft. We may, at times, offer certain promotions with different charges and features.
You agree that you will be responsible for notifying us should you desire to terminate your use of our services.
2. PROVIDING FEEDBACK AND CORRECT INFORMATION.
If any delay from client’s end regarding feedback or providing any information or material, Originate Soft will not be liable or Project delay. You agree to maintain accurate information by providing updates to us, as needed, while you are using Originate Soft’s Services. You agree that Originate Soft may use and rely on any such information provided by you for all purposes in connection with Your Services, subject to Originate Soft’s Privacy Policy. If you provide any information during any documentation between you and Originate Soft that is inaccurate, not current, false, misleading or incomplete, or if Originate Soft has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, Originate Soft has the absolute right, in its sole discretion, to terminate its Services.
3. INTELLECTUAL PROPERTY.
You agree that Originate Soft holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Services or Software. The site design, text, graphics and other content on Originate Soft is protected by copyright laws and other intellectual property rights. Hence, a prior written consent is required to modify, copy, republish, upload, post, reproduce, transmit any text, graphics, video, messages, codes, content present on the website. Originate Soft respects the intellectual property rights of others.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of Originate Soft Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Originate Soft if, for any reason, Originate Soft takes corrective action with respect to your improper or illegal use of its Services.
Originate Soft reserves the right at all times to disclose any information as Originate Soft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Originate Soft’s sole discretion.
If you have purchased Services, Originate Soft has no obligation to monitor your use of the Services. Originate Soft reserves the right to review your use of the Services and to cancel the Services in its sole discretion. Originate Soft reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever.
We reserve the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Originate Soft or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
5. FEES AND PAYMENT.
Originate Soft shall issue invoices in respect of the charges & milestones set out in your proposal document. The charges payable for the services will, whether recurring or not are set out in your proposal document.
You are committed to pay us for all charges for services for their full invoicing periods, nevertheless of whether: a) this agreement has been suspended or terminated during such invoicing periods or b) such services have been changed or cancelled during such invoicing periods.
Additional charges shall be payable for out of scope work, that is work not otherwise expressly set out in your proposal document.
Deposits & advanced payments are non-refundable.
6. LIMITATION OF LIABILITY.
In no event shall Originate Soft be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if Originate Soft has been advised of the possibility of such damages.
7. DISCLAIMER OF WARRANTIES.
Originate Soft expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchant-ability, fitness for a particular purpose and non-infringement. Such services are provided on an “as is” and “as available” basis. Originate Soft makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Originate Soft does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
8. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
9. LINKS
Originate Soft has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Originate Soft. Use of any such linked web site is at the user’s own risk.
7. SITE TERMS OF USE MODIFICATIONS
Originate Soft may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10. NOTICE OF TERMINATION
We may terminate or suspend access to our service immediately without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the terms.
All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions. Warranty, disclaimers, indemnity and limitation liability.
11. GOVERNING LAW, VENUE
These terms shall be governed and construed in accordance with laws of West Bengal, India, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be a waiver of those rights. If any provision of those terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain effect. These terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the service.
