Terms & Conditions
Benevolent Software Technologies Private Limited, a Company registered under the provisions of the Indian Companies Act, 2013 and having its Registered Office at Rahman Chowk, Rahmaan Road, Saharsa, Bihar Pin-852201 having Corporate Identification Number (CIN) U74999BR2017PTC033798, herein referred to as “BST” is in the business of Software Development, Product Development, Software Services, Web Services, Hosting Services, Testing Services and various other IT Services.
BST extends its products / services by direct selling or selling through its partners / franchisee.
Customers of BST agree to the following terms and conditions
Commencement & Term
1. There will be Agreement between the customer and BST and the contract shall commence from its date of execution.
2. The Agreement shall be in force for a period of 1 year from the date of its execution. The agreement can be terminated by either BST or Customer by giving notice in writing.
3. Unless terminated earlier in accordance with this Agreement, the Agreement shall come to an end on completion of the term specified in the Agreement or on expiration of the renewed term.
4. There will be auto renewal of the license after completion of one year at revised license fee if customer agrees to pay the license fee.
5. Many customers hesitate to sign the agreement or make delay in signing the agreement but want to take services. In such case it will be considered that customer has agreed to standard terms from the date of implementation / installation of the software product / service.
Agreement by Customer
Customer agrees to the following standard terms
1. Customer will engage his/her computer literate operating staff who should have minimum basic knowledge of computer operation with adequate Computer Proficiency for operating the systems provided by BST.
2. In case of any doubt or queries Customer will get in touch with account manager or his/her associate. Account Manager will guide for the best next step or alternatively customer will raise support ticket.
3. Customer shall do backup of data on daily basis after close of business and will keep it safely. BST will not be responsible for any loss of data.
4. Customer shall ensure that its employees are keeping safe and secure password. BST will not be responsible for any sort of hacking due to weak password and carelessness by customer representatives.
5. Customer shall pay agreed upon Service Charges in Company’s Bank Account only. Failing which BST management will stop the services and services will resume only after payments of arrears with penalty (if any).
6. Customer gets only license to operate the application / services. They have no rights to resell / rent out services under any circumstances.
7. Customers who are using shared server shall not be able to change the code on the server directly. They will have to ask our team to deploy the code if required.
8. Customer will get standard operating instructions related to product / services in electronic format. Customer will have to follow the instructions properly.
9. On the invoices / reports generated by our Products / Services will carry "Powered by" entry. In Case Customer wants to get this removed they will have to pay the fee depending on the product or services.
Confidentiality
1. “Confidential Information” means any technical, business, client or proprietary information disclosed between the Parties, directly or indirectly, including, but not limited to, information regarding business strategies and practices, methodologies, trade secrets, know-how, pricing, technology, and software. Further, the BST proprietary technology and software products, and the pricing and terms of this Agreement are Confidential Information. Both the Parties BST and Customer will not disclose each others confidential information at any place which result into breach of trust.
Data security and confidentiality is our prime business concern therefore, we handle your sensitive data with utmost care. To a responsible software/IT company data is similar to what a subject is to a doctor.
2. BST Customer representatives will not have access to Customer’s Data. If BST Customer representative solving a problem requires to see the Customer’s actual Data it will be obfuscated as far as possible.
3. All the BST staff/representative have already signed confidentiality and non disclosure agreement while joining Benevolent Software Technologies Private Limited.
4. During demonstration of our product / services we use dummy data so that no customer data is exposed by any chance.
5. We never share any of the customer's data like Mobile Numbers, GST Number or any other data to any agency / client under any circumstance.
Compliance with Laws by Customer
1. Customer hereby agrees and declares that it shall be the sole responsibility of Customer to comply with the provisions of all the applicable govt. cyber laws, environmental laws, govt. rules and regulations and applicable taxes thereof etc. concerning or in relation to their business.
2. BST will not be responsible for misuse of software with respect to compliances, taxes or any laws not mentioned herein.
3. All payments by customer will be taken in company’s account and will attract GST as per norms of Govt of India. In case of nonpayment of scheduled software service license fee, services will be automatically stopped. If service has stopped it will resume only after clearance of due with Rs 500/- as reactivation charges.
Source Code Ownership
1. Customer hereby agrees that Source Code is intellectual property of the Benevolent Software Technologies Private Limited.
2. Customer agrees not to copy, modify, distribute, sell and reverse engineer the source code place on their computers, servers, laptops.
3. By default source code is the intellectual property of Benevolent Software Technologies Private Limited. In case customer needs the source code then they have to explicitly mention this term at the time of signing the contract. If customer wants to take ownership of the source code they will have to pay mutually agreed cost to the company for gaining exclusive rights.
Termination
1. The BST as well as Customer shall have right to terminate the agreement by giving one month notice in writing to the other party. In the event of termination of the agreement, access to the server will be stopped.
2. After termination of agreement, customer may reenter into agreement by signing a fresh agreement.
3. Benevolent Software reserves the right to terminate the Software Services if Software Cost or Software Renewal Charges remain unpaid for more than three months. Benevolent Software reserves the right of termination of Service without any prior notice if Services Charges becomes overdue for more than three months.
4. In case Customer wants to restart the service after it has been terminated due to non payment of Software Charges for more than three months it will attract a Service Restoration Charge of Rs 20000/- along with the Outstanding Software Charges.
5. Restoration of Service will take 7 working days after clearance of due amount along with Restoration Charges.
Arbitration
1. Any and all disputes, controversies and conflicts ("Disputes") arising out of this Agreement or in connection with this Agreement or the performance or non-performance of the rights and obligations set forth herein, or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 (Arbitration Act) or any amendments thereof. Prior to submitting the Disputes to arbitration the parties shall make all endeavors to settle the dispute/s through mutual negotiation and discussions. In the event that the said dispute/s are not settled within 30 days of the arising thereof as evidenced through the first written communication from any party notifying the other regarding the disputes, the same shall finally be settled and determined by arbitration as above.
2. The place of arbitration shall be at Saharsa and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator appointed by BST. The parties shall bear the cost of Arbitration equally.
3. The arbitral award shall be in writing and subject to the provisions of the Arbitration and Conciliation Act, 1996 Act. The award made in pursuance thereof shall be binding upon the parties. Any appeal will be subject to the exclusive jurisdiction of courts at Saharsa.
4. Pending the submission to arbitration and thereafter, till the Arbitrator or the Arbitral Tribunal renders the award or decision, the Parties shall, except in the event of termination of this Agreement or in the event of any interim order/award is granted under the afore stated Act, continue to perform their obligations under this Agreement.
Governing Laws & Jurisdiction
1. The agreement shall be governed and construed in accordance with the Laws of India. The Parties consent to exclusive jurisdiction and venue in the courts of Saharsa, India.
2. Any dispute arising in connection with this Agreement shall be amicably settled in accordance with the laws of Arbitration of India.
Advertisements
By using our services customer accepts and understands that
Our sites are google adsense compliant. All the software services available to the customers might display advertisement
as pushed by the google adsense. Customers willing to eliminate advertisement will be required to pay additional premium
(depending on the subscription price).
Some of our Apps published like Edumitra Android App on the Goople Play Store is being given as complementary offering
and will display google advertisements.
Force Majeure
1. Neither of the Parties to this Agreement shall be liable or responsible for any failure to perform or delay in performance of their respective obligations hereunder, when such failure or delay is due or attributable to or arises out of, any Force Majeure event, provided a notice of occurrence of any Force Majeure event is given by the affected Party to the other Party within a period of twenty-four (24) hours of the occurrence of such Force Majeure event.
2. Software Services have strong dependency of Internet Connection. Outage of Internet Connection due to Riot or Riot like conditions, Strikes, Terrorist Attacks, Virus Outbreak, Blackout or any such thing will be considered as exception. BST and Customer would inform each other on occurrence of such incidents.
Miscellaneous
1. Unless otherwise provided herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post or courier or e-mail.
2. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior written agreements, undertakings, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter of the Agreement. No representation, inducement, promise, understanding, condition or warranty not set forth herein has been made or relied upon by any party hereto. However, the Customer is liable for all acts done or omissions and shall indemnify BST for any loss caused by such acts or omissions by the Customer, its agents, employees, representatives since the date of commencement of Customer operations as per BST records.
3. Neither this agreement nor any provision hereof is intended to confer upon any person/s other than the Parties to this Agreement any rights or remedies hereunder.
4. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality or enforceability of this Agreement, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties hereunder shall be enforceable to the fullest extent permitted by law.
5. In case of any change in applicable laws in India that has an effect on the terms of this Agreement, the parties agree that the Agreement may be reviewed, and if deemed necessary by the Parties, renegotiated in good faith.
6. If this Agreement is signed in counterparts, each counterpart shall be deemed to be an original.
Risks
1. Customer has to understand that Software Services are vulnerable to the changing trends and policies. Due to changed policies of the government or changes in business model / condition may impact the business of BST having a cascading effect on the Customer’s business. Under such conditions BST will not be responsible.
2. Software services are purely based on servers located in Tier4 / Tier3 data centers in Noida / Chennai / Bangalore having 24x7 gigabit internet connectivity. Local internet outage may sometimes momentarily hamper the connectivity. BST will not be responsible for any Internet outage or service unavailability due to hosting service provider's issues.
3. BST will not be responsible for any business losses or decrease in revenue or any such issues.