I understand that EcoTech Software Pvt Ltd (Ecotech) has developed the software products called STAGE and PROMAN suitable for the manufacture and sale of textile and garments.
I understand that the installation of the STAGE and PROMAN software will be on the cloud and managed by Ecotech. Myself and team members will have access the software based on the login credentials provided and use the modules available at my offices and factories including those of my group concerns or sister concerns.
Now therefore this instrument seeks, for the sake of clarity, to set out in writing the detailed terms of the agreement:
- I agree for all the modules as well as stages of implementation as detailed in Annexure I
- It is important and hence agreed to have the senior management personnel from my organization to participate formally in every stage of the software implementation as much as possible and also as much as is required by Ecotech.
- I understand that STAGE and PROMAN software come as is where is and under this plan customization is not possible.
- I understand that I can hire resources from Ecotech for either online or on site implementation as per the fees and terms mentioned in Annexure 1 to train the users of each of the functional modules across the client’s organization during the course of implementation and also provide the users with user manuals for operating the software.
- The above cost includes a continuous warranty from the date of installation as long as the subscription is paid up.
- I shall make the payments to Ecotech in accordance with the plan I have taken for using the software.
Proprietary Rights:
- The STAGE and PROMAN software with all its modules and all associated documents, written and printed and also otherwise available on computer media are intellectual property belonging to EcoTech and they are the sole owners of the said property.
- However, I understand that I have usage rights for the software and the accompanying documentation as long as my subscription is active.
- I shall not commercially or otherwise exploit the software by way of sale of the software or associated documentation to any third party.
- Neither my company nor Eco Tech shall recruit personnel from each others’ organizations without written consent from each other.
- Any and all disputes shall be resolved in the courts within the jurisdiction of Chennai city, India only.
Privacy Policy:
- Ecotech shall ensure that any information pertaining to the client’s business, be it written, printed or in any other form like computer media shall not be disclosed to any third party under any circumstance whatsoever, without the written consent of the client.
- The client will also not disclose any information, be it by way of software system or associated documentation to any third party under any circumstance whatsoever, without the written consent of the software developer and the client will protect the commercial interest of the software developer at all times with respect to the STAGE and PROMAN
- When ever a situation arises that a problem in the program could not be fixed on online and requires scrutiny and fixing at the development lab at Eco Tech H.O., then Eco Tech shall use the database for testing and bug fixing and assure total confidentiality of information contained therein.
Limitation of Liability:
- In no event will Ecotech be liable for any lost revenue, profit or data, or for special indirect, consequential, incidental or punitive damages however caused regardless of the theory of liability, arising out of or related to the use of or inability to use software delivered by Ecotech, even if Ecotech has been advised of the possibility of such damages. The foregoing limitations will apply even if the stated warranty for software fails of its essential purpose.
REFUND POLICY
- If at any stage during the implementation of the STAGE and PROMAN software, the client is not satisfied with the performance of any module or is convinced that the software is not delivering what was originally intended to be delivered, the client will have the right to terminate this contract/plan and stop payment of subscriptions and stop usage of the software. In the event of such termination, Ecotech will stop the access to the software. Payments already made by the client to Ecotech will not be refunded.
- If the payment terms or any other terms of this contract are violated by the client, then Ecotech will have the right to terminate this contract and stop access to the
Software Updates from Eco Tech
- The client acknowledges that Ecotech can update the software periodically for any bug fixes or new features. The Software Updates will be considered part of the Software and subject to the terms and conditions of this Agreement
- In the event either party is unable to perform its obligations under the terms of this Agreement caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; epidemics; pandemics; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; accidents; governmental actions; and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of computer (hardware or software), such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Annexure 1
Implementation
Implementation will be availed through a combination of Onsite and Online training as required.
The client can also use the user manual provided to them.
Training and Support
Training and support includes all activities done for the client post signing the contract which includes educating the users on the software by demos, training them to make data entry, hand holding for making live entries, discussions on the business flow and requirements needed in the software and any other time spent for the client by Ecotech personnel.
Time sheet would be sent to the client for confirmation for the time spent by Ecotech personnel for training, support or discussion.
Client Support
I understand that support can be availed by reporting any problem I face by sending a mail to SaaS@STAGEerp.com with description of the problem and corresponding screen shot.
I understand that Ecotech will get back to me as soon as possible to understand the problem further or with the resolution of the problem or for any other reason to find solution to the problem
Onsite Training and Support
To and fro air train tickets, local conveyance, good accommodation and food allowances to be provided by the client.
Taxes
18% GST for all services and license sales
As imposed by the Government of India from time to time, to be borne by client.
Product Delivery :
Software will be setup within 4 working days of receipt of first subscription in advance.
Subscription cycle will start 5 days from the date of receipt of first subscription.
Payment for Training and Implementation payment
For Onsite training and online training, client shall purchase in advance the number of days onsite or number of hours online required.
