This Universal Terms of Service Agreement is entered into by and between Skew Infotech Private Limited the company registered under the companies Act 2013, having its registered office at 2/327, VEDAPATTI, VEDAPATTI POST MADATHUKULAM (TK), UDUMALPET TIRUPUR Coimbatore TN 642203 IN, and you, and is made effective as of the date of your use of this website https://www.skewinfotech.com or the date of electronic acceptance.
The terms “we”, “us” or “our” shall refer to Skewinfotech Private Limited. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Skewinfotech Private Limited in its sole discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
We has experience in developing accounting software, which includes ERP, SEO, Web Designing, Accounting Software, Recharge Software, Payment Gateway Portals and Direct Selling Portals (Herein after called as the “Software”), applicable to various industries. You expressed your interest in getting an software and gave brief description of the requirement of a software for your business and further the developer agreed to design a customized software specifically for the client on the terms and condition more fully described here below.
1. The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop a customized accounting Software in accordance with the specifications provided by the client.
2. The Developer shall complete the development of the Software according to the specifications provided by the client, maintain the software and host the software in a convenient server and provide necessary report to the client as and when required by the client. Further the client shall be trained sufficiently to operate the software at their works and take necessary report by themself as required.
3. During the development of software, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software. The Developer agrees to respond to any reasonable request for assistance made by the Client regarding the Software during the development phase of the software. After implementation of the software any amendment /modification if any required by the client shall be attended by the developers on a chargeable basics.
4. Except as expressly provided in this Software Development Agreement, the developer shall not be obligated under this Agreement to provide any other support or assistance to the client.
5. Either party may terminate this Software Development Agreement at any time upon material breach of the terms herein or failure to rectify such a breach within 30 days of such breach and a notice to this effect was issued by the affected party.
6. The Developer shall provide to the Client after the Delivery Date, a cumulative of training with respect to the operation of the Software if requested by the Client.
1. The Software shall be developed and made functional in accordance with the Specifications and shall be in force for a period of 12 months
2. If the Software as delivered does not conform to the Specifications, the Client shall within 30 days of the Delivery Date notify the Developer in writing of the ways in which it does not conform with the Specifications. The Developer agrees that upon receiving such notice, it shall make reasonable efforts to correct any non-conformity.
In consideration for the Service, the Client shall pay the amount as per the quote given by us and which shall be due and payable upon the Developer providing the Client with an invoice.
Client shall also agree to pay a term renewal charge towards maintenance of the software, which shall be payable by the client for every three months. If the term maintenance fee is not paid by the client on time, within one week from the due date, the developer shall discontinue their services and the client shall not be accessible to the data and the developer shall not be responsible for any data loss to the client.
The Client may request that reasonable changes be made to the Specifications and tasks associated with the implementation of the Specifications. If the Client requests such a change, the Developer will use its best efforts to implement the requested change at an additional expense to the Client and without delaying delivery of the Software.
1. The Developer shall not disclose to any third party the business of the Client, details regarding the data, including, without any information regarding the Client’s customer, or the Client’s business (the “Confidential Information”).
2. The developer shall not make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or
3. The developer shall not use Confidential Information other than solely for the benefit of the Client.
4. Provided however that any judicial or quasi-judicial authorities requested for such confidential information, the same will be provided to the authorities without any notice or permission from the clients and fully assist the authorities in their enquiry process, if any.
The Developer represents and warrants to the Client the following:
1. Development and delivery of the Software under this Agreement are not in violation of any other agreement that the Developer has with another party.
2. The Software will not violate the intellectual property rights of any other party.
3. Developer categorically state that the Software has been developed for the client as per his requirement and specification. The data entered, processed and stored in the hosted server belongs to the client. The developer has no right what so ever in client handling of the data and shall not be responsible for its adoption by the client use, helpfulness, value, contents and its usability. The client is solely responsible for the data fed by them.
This agreement constitutes the entire agreement between the parties hereto and no variation to it shall be effective unless it is made in writing and such variation specifically refers to this agreement and is signed by or on behalf of the parties hereto.
Client shall not assign, transfer, charge or in any other manner make over or purport to assign, transfer, charge or make over this agreement or the rights or obligations hereunder or any part thereof to any person, without obtaining the previous consent in writing of the developer.
If any term or provision of this agreement shall be held to be invalid, illegal or unenforceable in whole or in part, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
“All disputes and differences, controversies or claims directly or indirectly arising out of or relating to this agreement, which shall arise between the parties hereto at any time or the interpretation, construction, enforceability, breach, termination or invalidity thereof, shall be finally and conclusively referred to the Arbitration of one arbitrator appointed at the mutual consent of the parties to the agreement. The Arbitrator shall enter upon arbitration by them or appoint any person to proceed with the arbitration to hear and settle the dispute. This arbitration shall be conducted in accordance with the Arbitration and conciliation Act 1996 or any statutory modification or reenactment thereto for the time being in force shall apply. The Arbitrator decision shall be final and binding on both the parties. The place of arbitration and jurisdiction for settlement of all matters under dispute shall be Coimbatore.
This Software Development Agreement and the interpretation of its terms shall be governed by and construed in accordance with the Indian laws and subject to the exclusive jurisdiction of the Coimbatore court.
If you have any questions about this Agreement, please contact us by email.,
SKEW INFOTECH PRIVATE LIMITED
2/327, VEDAPATTI, VEDAPATTI POST
MADATHUKULAM (TK), UDUMALPET TIRUPUR
COIMBATORE TN 642203 IN
info@skewinfotech.com
SKEW INFOTECH PRIVATE LIMITED