These are the standard terms and conditions that is a legal agreement between the company ("Infinite Open Source Solutions LLP") and the client ("Customer") for the purpose of Infnite MLM Software Development. 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. Technologies and Hosting:
3.1 Technologies: The entire application will be developed in PHP. The back end will be MySQL.
3.2 Hosting Server: Linux Server with unlimited space and unlimited bandwidth.
4. 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. Infinite Open Source Solutions LLP.
5. Software Responsibility
The client agrees not to do any modification in the software and if it is done, the company will not be responsible for maintaining the client's software. 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.
6. 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.
7. Third Party Providers
8. 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.
9. Project Pre-Requisites
The client is requested to provide the company all the below-listed items in Soft & Hard copies, which are required to use on various stages of Website designing & software development.
9.1 The title of the Project / Company / Venture & LOGO.
9.2 Company Address, mailing address, Phone Numbers to be shown on website Contact us page.
9.3 Finalized Descriptive matter of Business Plan with illustrations. Case studies for references and also critical logic explanations to understand the fund’s allocations for each income offered.
9.4 Content material like a profile of the company or promoters to be shown on the website, Products / Services literature, proprietary images (If any), etc.
9.5 Application form format to know the fields of data to be filled by the applicant, and a list of Terms & Conditions to be accepted by the applicant while signing up.
9.6 ID No. Format – The unique identical number or username the system should allocate.
9.7 Color choice if you have any for website design, specifications like links and navigation required on the open website.
9.8 Formats of Bills, Certificates, receipts and other any stationery, which need to provide from the software.
9.9 The flow of Business operational procedures as chosen to administrate the complete business activity.
9.10. If the client wants to integrate any third party application like payment gateway, the client has to provide required integration API on the time to avoid delay of project delivery.
The early arrangement of above-listed points enables company to design, develop & deliver the application software as per the client requirement on time.
10. 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.
11. 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.
12. Taxation: The taxes applicable for the software development services will be charged according to the constitutionally established scheme of taxation in India.
13. 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/Mail/Ticket System, and error-correction for the software till the six-month duration from the acceptance of the project. In the case, that client has technical queries in using the software during the 6 months of this Agreement, a client can send those queries to the company and the consultation will be provided within 48 hours without any charge. The client has an option to extend the service after six months by paying the 5 % of total service amount of the software as an AMC (Annual Maintenance Charge). Or, the company reserves the right to quote separately for any work involved the maintenance and support.
14. 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 an online training via Skype or Mail for using the MLM Software.
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.
16. Sign-Off Process
On completion of website & software application as per the specification, required customizations & 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.
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.
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.