Introduction These Terms and Conditions ("Terms") govern the sale and development of software ("Software") provided by Menpani Technology Pvt. Ltd. ("Company"). By purchasing the Software, you ("Client") agree to these Terms.
Terms and Conditions
License and Ownership:
The Software is licensed, not sold, to the Client for use under the terms of this agreement. The Company retains all rights, title, and interest in and to the Software, including all intellectual property rights.
Scope of Use:
The Software is intended for the Client's internal use only. The Client shall not resell, distribute, or otherwise make the Software available to third parties without the express written consent of the Company.
Demonstrations and Inquiries:
The Company will provide demonstrations of the Software and respond to client inquiries regarding its features. Some clients may expect certain features to be included based on common industry practices; however, any features not explicitly stated in the agreed-upon project scope are not included.
Change Requests (CR) and Additional Costs:
If the Client requests any changes to the project scope during the development process, these will be considered Change Requests (CR) and will incur additional costs. All CRs will only be processed after the final milestone payment has been received. If the Client cancels the project or changes the project scope mid-development, no refunds will be provided for payments made up to that point.
Delivery, Hosting, and Installation:
The final delivery and hosting of the Software will only occur after the completion of the final milestone payment. Installation of the Software is the Client's responsibility, with support provided by the Company at an additional cost if required.
Payment Terms and Milestones:
The project will be divided into milestones, with payments due upon completion of each milestone. After each demo, the corresponding milestone payment must be completed within four (4) working days. Failure to make payments on time may result in project delays or suspension.
No Free Maintenance:
The purchase and development of the Software do not include any free maintenance, support, or updates. Maintenance and support services can be provided by the Company at an additional cost, which will be outlined in a separate agreement.
Estimated Timeline:
The Company will provide an estimated timeline for the project; however, this timeline is subject to extension due to unforeseen real-time circumstances or delays in Client approvals or payments.
Warranty Disclaimer:
The Software is provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Software will meet the Client's requirements if it’s not working in real time cases or that the operation of the Software will be uninterrupted or error-free.
Limitation of Liability:
The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Software, even if the Company has been advised of the possibility of such damages. In no event shall the Company's total liability exceed the amount paid by the Client for the Software.
Termination:
The Company reserves the right to terminate the Client's license to use the Software at any time if the Client breaches any of the terms of this agreement. Upon termination, the Client must immediately cease using the Software and destroy all copies in their possession.
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in India.
Entire Agreement:
These Terms constitute the entire agreement between the Company and the Client regarding the Software and supersede all prior agreements, understandings, and representations, whether oral or written.
Amendments:
The Company reserves the right to modify these Terms at any time. Any modifications will be communicated to the Client and will become effective upon acceptance by the Client.
- 193/1 & 1934/3, Mullai Street, Madakulam Main Rd,Tamilnadu,India.
- sales@menpanitech.com
- (+91)9363 671 699
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