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Terms & Conditions of Services

General Terms & Conditions:

You must be of legal age to enter into a binding agreement in order to accept the Terms. You must comply with the following terms to use our Services.

 Contact information and email id provided by the user at the time of taking our services should be true to his/her knowledge and the provided contact information and email id should be in working condition.
 EincopSoft commits to providing Clients with a 99% uptime, excluding maintenance updates. Clients should notify EincopSoft immediately if service is unavailable, by sending an email to support@eincopsoft.com.
 Unless expressly authorized in the Permitted Applications, the Service is for the sole use within Client’s own organization and by Client’s own employees or agents. The Service may not be shared with affiliates or any third party, including joint marketing arrangements.
 Clients will be notified prior to maintenance being performed.
 EincopSoft will not be responsible if requirements are not given from client side. EincopSoft will start subscription after 10 days of payment clearance. Otherwise, Client should provide prior information regarding subscription start date.
 The Client retains the copyright to data, files and graphic logos provided by the Client, and grant EincopSoft the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting EincopSoft permission and rights for use of the same and agrees to indemnify and hold harmless EincopSoft from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Website Design / Software Development / Digital Marketing / CRM and/or placement shall be regarded as a guarantee by the Client to EincopSoft that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
 You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
 After completion of a year subscription/AMC charges may be rise up to 20% or charges will be varying due to currency fluctuations, changes in taxation & any other Govt. policies at any time.
 You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. EincopSoft expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. EincopSoft makes no warranty that the services will be uninterrupted, timely, secure, or virus free.
 Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from EincopSoft, its employees or representatives shall create any warranty not expressly stated in the terms.
 If for any reason we are unable to bill your subscription/AMC, we reserve the right to suspend access to your account within 10 days of the failed billing, and to delete your account, users, and all associated data within 15 days of the subscription end.
 You agree that EincopSoft shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if EincopSoft has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with EincopSoft related to any of the services shall be termination of such service. In no event shall EincopSoft entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
 We may suspend your user account or temporarily disable access to whole or part of any service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. We may terminate a suspended or disabled client services after 15 days. We will also terminate client services on your request. In addition, we reserve the right to terminate your services and deny the services upon reasonable belief that you have violated the terms & conditions. Termination of client services will include denial of access to all services, deletion of information in your database such as your e-mail address and password and deletion of all data in your database.
 We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the services does not grant EincopSoft or any of its partners the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for EincopSoft commercial, marketing or any similar purpose. But you grant EincopSoft permission to access, copy, store, and reformat the content of your user account solely as required for the purpose of providing the services to you.
 You may transmit or publish content created by you using our services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using the services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that EincopSoft will have the right to block access to or remove such content made available by you, if EincopSoft receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by EincopSoft for this purpose.
 These Terms of Service may be amended by EincopSoft at any time upon notice given by any of the following means: through the website or by email communication to the address provided by you.
 You agree to use the Website, [EincopSoft], and services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. EincopSoft IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, [EincopSoft], AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the website and services, your actions do not contravene the laws, rules, or regulations of the country, state, or locality where you reside, or the country, state, or locality where EincopSoft is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
 The term of these Terms of Services ("Term") shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by EincopSoft or you by written notice. EincopSoft reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of EincopSoft trademarks, trade names, copyrights and other intellectual property
 These Terms of Service will continue to apply until terminated by either you or EincopSoft as set out below. If you want to terminate this legal agreement with EincopSoft (i.e. these Terms of Services), you may do so by notifying EincopSoft at any time in writing. Your notice should be sent to support@eincopsoft.com only from your registered email address. EincopSoft reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to EincopSoft whatsoever.
 In the event Client desires to make any modifications to the Product/Service Specifications or a deliverable, Client must provide a detailed change order in writing. This may be provided in the form of authorized email or certified letter. In the event of a conflict between the terms of this Agreement and a Change Order, the terms of this Agreement shall govern.
 Any updates, versions, or new releases shall be contracted under a separate agreement between EincopSoft and Client.
 Client hereby grants EincopSoft the right to use the name and service marks of Client in its marketing materials or other oral, electronic, or written promotions, which shall include naming Client as a client of EincopSoft and a brief scope of services provided.

SMS/EMAIL Terms of Agreement:

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS/EMAIL service that sends/receives messages to/from mobile phones is maintained by Team EincopSoft. The utilization of the SMS/EMAIL service is subject to the following Terms of Service.

 You guarantee that the content of any SMS/EMAIL always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin.)
 Any illegal use of the SMS/EMAIL service is strictly prohibited.
  Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. Team EincopSoft does not assume any liability for the content of the messages sent.
 Team EincopSoft will be exempt from any claim that may arise from third parties as a result of the message content.
 You accept that the service is provided for professional use only and you agree not to use it to: (i) Promote alcohol, music, dancing, dating, gambling or deception. (ii) Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission. (iii) Harvest, or otherwise collect information about others, without their consent. (iv) Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you. (v) Transmit, associate or publish any unlawful, racist, harassing, libellous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy. (vi) Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity. (vii) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs. (viii) Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks. (ix) Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means. (x) Interfere with others use and enjoyment of the service. (xi) Engage in any other activity that Team EincopSoft believes could subject it to criminal liability or civil penalty/judgment.
 You acknowledge that Team EincopSoft delivers SMS/EMAIL's via major telecom operators and can therefore only influence the delivery transmission of SMS/EMAIL within the technical constraints imposed. SMS/EMAIL's submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn't have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS/EMAIL to the recipient successfully.
 You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the activities carried out through your account.
 Team EincopSoft neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While Team EincopSoft makes every effort to deliver messages promptly.
 Team EincopSoft doesn't refund the credits for undeliverable messages to you because we cannot guarantee delivery of the SMS/EMAIL's to recipients due to possible errors. Team EincopSoft debits transmitted SMS/EMAIL's according to its transmission logs. These logs are deemed correct and valid even if the Client has objected to the correctness of the accounting records, except if investigation by Team EincopSoft has produced evidence of a technical problem or error.
 Team EincopSoft reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.
 The SMS/EMAIL account balance is non-refundable and does not bear any interest. All the SMS/EMAIL's must be used in the validity period from the date of the purchase (which is 4 months). No carry forward of the credits will be made unless otherwise defined in a separate contract.
 You undertake the entire responsibility regarding the messages sent through http://eincopsoft.com/ services from your account, which are transmitted as per your request.
  You shall indemnify and reimburse Team EincopSoft all liabilities, costs, losses and damages, in case of any claim brought against Team EincopSoft from any third party due to breach of contract.
 You shall in no way raise questions concerning our price policy since it is liable to change with due amendments in the government rules and regulations.
 Transactional SMS/EMAIL allow to send on DND & non DND numbers. Promotional SMS/EMAIL allow sending on non DND numbers only. Promotional SMS/EMAIL can be sent and receive from ​09:00hrs to 21:00hrs.

Other Terms & Conditions:

 EincopSoft makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that EincopSoft cannot guarantee correct functionality with all browser software across different operating systems.
 EincopSoft cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, EincopSoft reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
 EincopSoft may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of EincopSoft. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
 A link to EincopSoft will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.
 EincopSoft will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies EincopSoft otherwise within ten (10) days of the date the materials are made available to the Client.
 The Developer reserves the right to refuse to handle: (i) Any media that is unlawful or inappropriate. (ii) Any media that contains a virus or hostile program. (iii) Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming. (iv) Any media that constitutes a criminal offence, or infringes privacy or copyright.
 The Developer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
 EincopSoft takes database and file backups of every Client instance every day. In the case of such a failure, data and services access can be restored within 24 hours.
 EincopSoft will be charged as per user basis. If you want to take trial for this product, you need to pay extra. First three month payment will be paid in advance. EincopSoft will refund payment in case our team is unable to implement your business as we commit.
 EincopSoft will be charged as per user basis. If you want to take trial for this product, you need to pay extra. First three month payment will be paid in advance. EincopSoft will refund payment in case our team is unable to implement your business as we commit.
 EincopSoft will provide 1GB of disk space with every CRM account. After consumption of 1GB space limit, client needs to pay extra amount for additional space.
 Only two training session (on site) allowed in a first quarter, after that ₹1000 will be charged for each one. Onsite visit will be applicable within 50km radius from company address. Apart than that onsite visit charges may vary.
 Unless expressly authorized in the Permitted Applications, Client shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Service in any manner, (ii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Service or any portion thereof (iii) process any portion of the Service or permit any portion of the Service to be processed with other data or software from any other source, (iv) allow access to the Service through any terminals located outside of Client’s operations, or (v) use the Service to create derivative products.
 Client shall not use the Service in any way that (i) infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation, or (iii) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing.
 Client shall make available to EincopSoft such information as is reasonably required for EincopSoft to effectively fulfil and perform the services. Such information includes, but is not limited to, monthly updates on performance of Services for the duration of this Agreement or any amendments thereto. Notwithstanding the foregoing, Client agrees to make its team available to us according to the relevant areas of responsibility as needed for completing the Scope of Work or Services.
 Client shall deliver all information necessary for EincopSoft to perform the required Services. In the unlikely event, that Client cannot deliver the information to EincopSoft, then Client shall not hold EincopSoft liable for failure of execution of Services.

If you have any questions concerning these Terms, feel free to contact team EincopSoft or drop a email on support@eincopsoft.com.

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