These are the standard terms and conditions that is a legal agreement between the company (“Sky MLM Software Company”) and the client (“Customer”) for the purpose of Sky MLM Software Company These Terms and Conditions set forth the provisions under which the Client may use the developed software.
1. Grant of License -
Subject to the terms and conditions of the Agreement, the company grants to the client a non-exclusive, non-transferable license to use the software. Client agrees that he won’t copy, modify or re-distribute the licence. The company provides the installation and the setup of the software. The client may not, however, transfer or sublicense the software to any third party, in whole or in part, in any form, whether modified or unmodified.
2. Permissions and Copyrights -
The client shall not modify or create copy of the Licensed Software or documentation including translation or localization; redistribute, encumber, sell, rent, lease, sub-license, installing in any other server. A client shall not remove or alter any copyright or other proprietary notices, legends, symbols or labels in the Licensed Software. If the company finds any violation, the company reserves the right to access or remove the source code and the entire software anytime.
3. Processing Objectives -
The Company, in connection with providing the Services, undertakes to process personal data on behalf of the Client in accordance with the conditions laid down in the Addendum. ”Personal Information” means information that relates,directly or indirectly, to an identified or identifiable person ( a “Data Subject” ), which may include names,email addresses,postal addresses, or online identifiers, that Client provides or submits in connection with using the Services. The processing will be executed exclusively within the framework of the Agreement, and for all such purposes as may be agreed to subsequently. The specific categories of Personal Information that Company will Process in Connection with the Agreement are set forth in Scope of Processing. The Company shall refrain from making use of the personal data for any purpose other than as specified by the Client. The Client will inform the Company of any such purposes which are not contemplated in this Addendum. All personal data processed on behalf of the Client shall remain the sole and exclusive property of the Client and/or the relevant Data subjects.
4. Technologies and Hosting -
The entire application will be developed in Technologies PHP. The back end will be MySQL. Hosting Server Linux Server with unlimited space and unlimited bandwidth. but my software very light and i recommend to share hosting for hostinger only 5k Under User..
5. Source code -
The ownership rights of the source code will be with the end user client, handing over the process to the client only after completion of application development & payments as agreed. However, the client is entitled to use and customize as per their own requirement, but not to resell to anyone else. The technology developed & delivered is an intellectual property ownership remains with M/s. Sky MLM Software Company.
6. Software Responsibility -
The client agrees not to do any modification in the software / source code and if it is done, the company will not be responsible for maintaining the client’s software and the charges will be applicable to fix any issue for the modified code. Upon client’s prior written approval, corrections for difficulties or defects traceable to the client’s errors or systems changes shall be billed at the company’s standard time and material charges.
7. Company And Client Responsibilities -
The parties acknowledge and agree that Company is a processor of Personal Information under Applicable Law. Client is a controller of Personal Information under Applicable Law. Each party will comply with the obligations applicable to it under Applicable Law with respect to the Processing of Personal Information.
8. Rights of Data Subjects -
Company shall, to the extent legally permitted, promptly notify Client if it receives a request from a Data Subject to exercise the Data Subject’s right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”). Taking into account the nature of the Processing, Company shall assist Client by appropriate technical and organizational measures, to the extent possible, for the fulfillment of Client’s obligation to respond to a Data Subject Request. Except to the extent required by applicable law, Company shall not respond to any such Data Subject Request without Client’s prior written consent except to confirm that the request relates to Client. Further, to the extent Client, in its use of the Services, does not have the ability to address a Data Subject Request, Company shall upon Client’s request provide commercially reasonable efforts to assist Client in responding to such Data Subject Request, to the extent Company is legally permitted to do so and provided that such Data Subject Request is required under applicable Data Protection Laws. Any costs arising from such provision of assistance shall be the responsibility of Client, to the extent legally permitted.
9. Non Disclosure -
Each party will be given access to Confidential Information from the other party in order to perform its obligations under this agreement. The client agrees that he/she will not disclose any confidential information to another party. The company will not be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
10. Third Party Providers -
The client acknowledges that the Services may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. The Supplier makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the client, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the company and the relevant third party, and not the client. The company recommends the client to refer the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. The company does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
11. Software Demo Responsibilities -
The company is providing a Software Demo on the website just to give the idea of how MLM Software will work. While using the demo, the entered details by visitor/client company is not responsible for any data. The company recommends avoiding the use of personal information in the preset demo.
12. Duration and Termination -
Addendum is entered into for the duration set out in the Agreement. Addendum may not be terminated in the interim. Addendum may only be amended by the Parties subject to mutual consent. The Company shall provide its full cooperation in amending and adjusting the Addendum in the event of new privacy legislation.
13. Return or Destruction of Personal Information -
Upon return request by Client or when Company no longer is required to Process Personal Information to fulfill its obligations under the Agreement, Company will use commercially reasonable efforts to Cease all use of Personal Information and Return all Personal Information to Client or, at Client’s option, destroy all Personal Information and all copies thereof, except to the extent that Company is required under Applicable Law to keep a copy of Personal Information for a specified period of time.
14. Payment Terms -
The client agrees to pay advance amount based on the requirement at the time of issuing Purchase Order and other installments based on the payment schedules mentioned in the quotation. The Company reserves the right to decline or remove the work for the Client if payment is not received within the time frame.
15. Additional Requirement Charge -
Additional requirement requested by the Client that have not been specified in the agreed quotation is subject to an additional quotation by the company on receipt of a specification. If the work is required as a part of an existing project, then this may affect time scale and delivery time of the project.
16. Taxation -
The taxes applicable for the software development services will be charged according to the constitutionally established scheme of taxation in India.
17. Maintenance and Support -
In accordance with the terms of the Service Agreement, the company will furnish the free service such as installation, online support via Skype or Mail, and error-correction for the software till the six-month duration from the delivery date mentioned in the quotation of the project. In the case, that client has technical queries in using the software during the 1 Yrs of this Agreement, a client can send those queries to the company and the consultation will be provided within 48 hours without any charge. After that, $10/hour will be charged to solve any query. Any integration of additional module or features will be charged based on client’s requirements.
18. Company Responsibilities towards Clients -
Company shall develop the Software substantially in accordance with the Specifications. Company will deliver the project on time and will provide a one time online training via Skype or Mail for using the MLM Software.
19. Ownership -
By accepting this license grant, the client does not become the holder of any other intellectual property rights in the Licensed Software. Title to and ownership of the intellectual property rights in the Licensed Software, all copies thereof, and all documentation related thereto shall remain at all times with the company. The client agrees to take all steps which are reasonably necessary to protect the company’s ownership rights to the Licensed Programs in the conduct of the client’s licensed commercial activity with the Licensed Programs, and will not take any action to, limit or interfere in any manner with such rights.
20. Sign-Off Process -
On completion of website & software application as per the specification, required customization & implementation and also complete payment are made; we will be approaching you with the Sign off process call. During this process, we will be handing over you all the software developed source codes to your custody. You will also intimate to change all the passwords of live servers, domains FTP & database to maintain privacy further at your own responsibility. However, if required you may share with us again as and when required any support or updates from us as a reserved privilege, we will be keeping a copy of the software source code with us for our necessary records.
21. Termination -
The company reserves the right to terminate the project with a Client at any time without prior notification if it finds the Client breaches these Terms and Conditions. The company shall destroy all copies of the Licensed Software held or controlled by the client. The company shall be the sole authority in deciding what constitutes a breach. In such situation, no refunds will be given.
22. Disclaimer -
Company makes no representation or warranty that this addendum is legally sufficient to meet client’s needs under applicable law, including the gdpr Company expressly disclaims all representations or warranties,whether express,implied,statutory, through a course of dealing,or otherwise that this addendum will comply with or satisfy any of client’s obligations under applicable law,including the gdpr. Client fully understands that it is solely responsible for complying with all of its obligations imposed by applicable law. The parties agree that there will be no presumption that any ambiguities in this addendum will be construed or interpreted against the drafter. By placing an order, the Client acknowledges that he/she has read, understand, and accept the Terms and Conditions of this Agreement. The Company reserves the right to modify these Terms and Conditions at any time without prior notice.
