1.1 Services To be rendered by the Provider:
The Provider will provide information to the Client, through access to its database comprising of Power, Coal, Renewable Energy, Roads and Oil & Gas sector as per agreed sectors of interest. Under this Service Agreement, the Client will have access to database and daily newsletters
1.2 Terms and Conditions:
- That the Parties have agreed that the present agreement is for one year lock-in period, and can be renewed at mutually agreed terms and conditions after the expiry of the term present agreement.
- The Provider provides services for one year lock-in period and during subsistence of the term of the agreement the Client cannot terminate the service provided by the provider.
- The Provider provides the services on a no refund policy and the parties have agreed upon the same,
- That the Provider’s subscription services are location-based.
- That the Provider’s subscription plan is Machine-specific.
- That each subscription availed, entitles the member organization to request for logins for a specific number of different employees as mutually agreed to access the website simultaneously without any extra charges.
- That it is to be noted that all aforesaid employees should be based at one location mentioned above.
- The Client will have to download the application to access Knowledge-base services.
- If the Provider would like to include users from different location or branch other then the location mentioned herein above, the Client would require a separate new subscription for that branch or location. It is made clear that user will not be able to use the services from any location other than the mentioned above
- In case the Client wants more than the agreed number of users, the Client agrees that he will require buying an additional license for each user separately at the price fixed by the Company.
- The Database may only be accessed and used by the persons permitted to do so by the Client in accordance with these Terms and Conditions and such access and use by the Client or the persons so authorized by him shall constitute an acceptance of these Terms and Conditions. In an event any other person accesses the database without the prior written permission of the Provider, the Provider may terminate the present agreement.
- The Provider may, in it’s sole discretion, in the following cases cancel the Subscription: (a) violation of the terms of the Subscription, or (b) any misuse or overuse of the Database by the Client, his / its employees, partners, associates, servants and agents, and no part of the Subscription fee would be refundable.
- On expiry of the present agreement, the Client shall immediately cease to have any rights in respect of the Database or any part of it.
- Except as may be expressly permitted under these terms and conditions, the Client shall not assign, transfer, charge, sub–license, delegate, sell or dispose of in whole or in part the Subscription rights and obligations thereunder on a temporary or permanent basis without the prior written consent of the Provider, or otherwise do anything which goes beyond the scope of the rights granted to the Client under these terms and conditions.
2. Payment for Services Rendered
- That in the event of failure to pay the Provider, the full amount specified in any invoice, within the calendar days of the invoice's date, a late fee equal t0 Rs1000/- day along with the TDS paid for that FY shall be added to the total amount due, which shall accrue from the calendar day following the invoice's date.
2.1 Payment Terms and Conditions
- That the Client shall pay 100% advance towards the procurement of the database services from the Provider. The same Payment Terms will be applicable for Renewal of the existing subscription.
- That the payment made by the Client to the Provider for the said services is non-refundable.
That the Provider acknowledges and agrees that the copyright in the Database and content contained therein vests solely in the Provider and the Company, and the Provider and the Company retains title to and ownership of the original and all copies of its Data base records, regardless of the form or media in or on which the original or other copies may exist, and the Provider and the Company only, have the sole and exclusive rights to grant this License. The Provider also holds ownership and copyright in the software used to run the Service and any other software created by it for this purpose.
The Client agrees that the license to use is not a sale of the original or any copy of the contents of the Database and noting in the present agreement is to be construed as granting or otherwise transferring to the Client any copyrights or ownership interest whatsoever in the database. Except for personal use and in accordance with the terms and conditions. The sale or republication of the data in any manner whatsoever is prohibited.
4.1 Limitation of Liability
Under no circumstances shall the provider be liable to any User for:
- Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the information in the database, even if the Provider had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise;
- Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever (including without limitation, attorney’s fees) in any way due, resulting from or arising in connection with the use of or the inability to use the Web Site or its content / materials; and
4.2 No Liability
The provider makes reasonable effort to ensure that the information provided on the Web Site is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.
Neither the Provider or its agents shall be liable for failure to perform its / their obligation if the failures result from an act of God, an act of Government, other authorities or statutory undertakings, fire, explosion, accident, power failure, equipment or systems failure, industrial dispute or anything beyond the Provider’s control. Use of this site, by implication, means that you have gone through and agreed to abide by the Terms and Conditions and the Disclaimers of this Site.
Without prejudice to any other rights, the Client is expressly forbidden to reverse engineer, decompile or disassemble the Database and also forbidden to make any extensions and/or enhancements and/or modification to the database, which will remove and/or relax any technical restrictions of the software.
That all disputes arising out of and under this agreement shall be subject to the jurisdiction of the Delhi Civil Courts alone.
That in the event of any dispute or difference between Provider and Client in respect of this Agreement, the parties shall enter, in good faith, into negotiations aimed at finding an amicable solution within 30 days. If the dispute could not be resolved in a satisfactory manner, the parties may refer the matter to a sole Arbitrator to be nominated by both the parties with mutual consent. The decision of the Arbitral Tribunal shall be binding and final. The provisions of the Arbitration and Conciliation Act, 1996 or any other statutory amendment, for the time being in force, shall apply, the venue of arbitration shall be New Delhi and arbitration proceedings shall be conducted in English language and any award or awards shall be rendered in English the procedural law of the arbitration shall be Indian laws. The award of the arbitrator shall be final and conclusive.
Any forbearance or delay by the Provider in enforcing any provisions of these terms and conditions or any of its rights under them shall not be construed as a waiver of such provisions or its rights thereafter to enforce the same,