Jain Software Terms and Conditions

These Terms and Conditions apply to the Jain Software Foundation and all associated companies (Jain Software Developers, MNCHOST Inc,TechNIERA Inc,HACKERSMIND Inc,MNCHOST IT SERVICES PRIVATE LIMITED,AnajShop,KarloShop,SohilJain.com) (collectively, the “group of companies”) linked to  Jain Software Foundation .By clicking on accept button or by navigating through terms.  As long as you comply with these Terms and Conditions, Jain Software grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the services of Jain Software Foundation.

These Terms and Conditions may be changed at any time by Jain Software Foundation without notice.  In the event of any such changes you shall be prompted to accept the revised Terms and Conditions the next time you enter the Site.

Graphics, Stock Photos, Content and other multimedia element or related inputs are to be supplied by clients for Software Development, App Development or Website Development.

  1. App Development: App Development on android or iPhone are abide by these terms and condition.
  2. Software Development : Development of software from Level I to Level V on any programming language and on any technology are abide by these terms and condition
  3. Servers: The client understands that any server services may require a separate contract with a web hosting service.
  4. Search engine submission: Site publication to any major search engines (which are free Such as Google, AltaVista, WebCrawler, Lycos etc.) Any search engine like Yahoo, Bing will attract an additional cost, for submission.
  5. Maintenance and Hourly Rate: This agreement includes minor maintenance to regular software/app/website over a period of 30 days, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text on content or changing design . The 30 days maintenance period commences upon the date the client’s software/app/website is officially published to the web and sign off process has been completed. Average hourly rate for any service is INR 2000/hour which can vary based on service .
  6. Legal: Jain Software Foundation does not warrant that the functions contained in these Webpages or the Internet website will meet the client’s requirements or that the operation of the Webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the Webpages and website is with client. In no event will Jain Software Foundation be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Webpages or website, even if, Jain Software Foundation has been advised of the possibility of such damages.
  7. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
  8. Copyright to App/Software/Webpages: Copyright to the finished/assembled work of App produced by us is owned by Jain Software Foundation. Upon final payment of this contract, the client is assigned rights to use the website & the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, remain the property of their respective owners.
  9. Jain Software Foundation retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
  10. Jain Software Foundation assumes Client has permission from the rightful owner to use any code, scripts, data, and reports that are provided by project owner for inclusion in its materials, and will hold harmless, protect, and defend Jain Software Foundation from any claim or suit arising from the use of such work.
  11. Jain Software Foundation retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.

This agreement becomes effective only when signed by agents of Client and Jain Software Foundation. The agreement contained in this contract constitutes the sole agreement between Client and Jain Software Foundation regarding all items included in this agreement.

In case of any abusive email MNC Host Inc. part of Jain Software Foundation has right to suspend particular user or whole server without prior notice, although we always try to intimate customers before suspending any service.

Payment Mode Terms & Conditions

  • 50% of total amount should be paid at the time of sing in of project.
  • Remaining 50% on the completion of project (When project signoff will be carried out).
  • NOTE: ALL BANK CHARGES INCLUDING TRANSFER CHARGES ARE TO THE A/C OF PAYEE.
  • If client fails to pay 50% of project initiation amount, Jain Software reserves the right to discontinue project after due date.
  • Client can pay amount from credit/debit/bank transfer but should be before due date.
  • Payments from cheque is not acceptable.

MODIFICATION

Jain Software Foundation, reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Jain Software Foundation may reasonably make to this agreement when such changes are made. If you have purchased services or software from Jain Software Foundation, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

AMC & Server Charges

Client should  have to opt for AMC charges for every year which will vary from 15% -25% of whole project amount .Server charges will depend on server configuration as per project  .Unpaid AMC will result in suspension of all maintenance services and also impose 20% late fee on same.

At any condition, client cannot resell software or app to any other client and ask for AMC for same.It is strictly prohibited.

CONTENT

Jain Software Foundation, believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if Jain Software Foundation, is made aware of any questionable content on a Jain Software Foundation hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Jain Software Foundation server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Approval Process:

Customer will have seven (7) days following receipt of the Services or Deliverable (“Acceptance Period”), to complete acceptance tests as per acceptance criteria agreed in the SOW (“Acceptance Criteria”). If no notice of non-conformance to Acceptance Criteria is reported during Acceptance Period, Deliverables or Services are deemed accepted by the Customer.

Confidentiality

Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 15 days of such disclosure. Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the Receiving Party from a third party, without breach of this Agreement; (iii) was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) independently developed by the Receiving Party without use of Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any order or requirement from court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party, or otherwise agreed in writing.

LIABILITIES

Jain Software Foundation, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Jain Software Foundation ,  be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

PAYMENTS AND AGREEMENT TO PAY

As consideration for the software or services purchased by you and provided to you by Jain Software Foundation, you agree to pay Jain Software Foundation at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. Jain Software Foundation expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address or Bank Transfer.

If for any reason, Jain Software Foundation is unable to charge your payment method for the full amount owed, or if Jain Software Foundation is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Jain Software Foundation may peruse all available remedies in order to obtain payment. You agree that among the remedies Jain Software Foundation may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that Jain Software Foundation shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

LATE PAYMENTS

We only accept credit cards, debit cards,bank transfer or PayPal for payment of services. Yearly AMC & server charges plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 45 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that Jain Software Foundation holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY OPENING A TICKET AT OUR HELPDESK

CANCELLATIONS

REFUNDS/ACCOUNT TERMINATION

If, for any reason, Jain Software Foundation fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Jain Software Foundation to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Software Development /App Development / Security Patches /Cloud Server Refund: Jain Software reserves the right to not refund any paid amount or due amount if project is completed as per client requirement sheet .Also, if client not able to pay due amount after project completion, Jain Software reserves the right to transfer this case to court or payment taking agencies.

In any case ,if Jain Software fails to deliver any project ,prorated refund will be issued on total project amount as per project completion percentage and it will be determine from requirement sheet .Overall ,all decisions made by Jain Software are final & not objectionable .

AFFILIATE PROGRAM

  1. Jain Software Foundation, may terminate the Program or Publisher’s participation in the Program for any reason upon five (5) days’ notice to Publisher.
  2. Publisher agrees not to participate in the Program through any Website or e-mail service which is misleading, libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal good or service, links to any Web site that does so, offers or promotes any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap, which engages in sending unsolicited commercial e-mail.
  3. Publisher is authorized to use Jain Software Foundation, logos, trade names, trademarks, and service marks, solely for the purpose of promoting Jain Software Foundation, products through the Program. Publishers may not alter, modify or change the foregoing in any way.
  4. Immediately upon termination of the Program or Publisher’s participation in the Program, Publisher will stop displaying all advertising content or links relating to the Program.
  5. Nothing contained herein shall imply any partnership, joint venture or agency relationship among the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever, except to the extent herein provided.
  6. These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
  7. Jain Software Foundation, may modify any of these terms and conditions at any time with proper notice to Publisher. Continued participation in the Program will constitute acceptance of the modification by Publisher.

(a) Not Allowed in Program

  1. Mask URL using any Brand Names.
  2. Make any representations, express or implied, or create an appearance that a visitor to your site is visiting a Jain Software Foundation, site; e.g., “framing” site.
  3. Use any mark, name or domain name of any type, which is confusingly similar to Trademark or other Brand Name.
  4. Engage in fraud or other conduct calculated to generate the payment to Publisher of commissions that do not reflect compensable Referrals/Leads/Booked Accounts within the spirit of the Program.
  5. Engage in SPAM or unsolicited commercial advertising emails.
  6. Must not offer an Incentive or Reward for purchasing a product through referral link. Incentives programs are not allowed and will be reversed.

(b) Protected Keywords

The following keywords are prohibited from Search Campaigns and PPC marketing and campaigns: Jain Software Foundation, Jain Software Foundation , Jain Software Foundation , , www.Jain Software Foundation , or any variation of our Trademark.

(c) Prohibited SEM Ad Copy Content

Official, official site or any variation of official site that creates confusion to the consumer or a misrepresentation of who the actual web host is.

(d) Prohibited SEM Display URL Content

Publishers are not allowed to use Jain Software Foundation as the display url for any PPC advertising.

(e) Direct Linking

Publishers are not allowed to link directly to our Web site from search marketing campaigns.

(f) Prohibited Website Content

Affiliates are NOT permitted to use cookie stuffing techniques that set the tracking cookie without a user clicking on the affiliate link. (This includes but not limited to the use of iframes) Affiliates may NOT copy our website or portions of our website and display it on their own site or subdomain.

Governing Law and Dispute Resolution:

The terms of this Agreement shall be governed, interpreted and construed in accordance with the laws of State of Chhattisgarh, India (if customer based in India) or State of Delaware, United States if the Customer is located in United States of America; laws of England & Wales if the Customer is located in Europe. All disputes, differences, claims and demands arising under or pursuant to this Agreement shall be referred to arbitration and shall be adjudicated in accordance with the rules of International Chamber of Commerce (I.C.C) in English language in the State of California if the Customer is located in United States of America; in London, England if the Customer is located in Europe; in Pune, India if the Customer is in India; in Singapore if the Customer is located in Asia (except India) or Australia.

Annexure01

Standard Hardware and Software for Development and Testing

Consultant will provide the following Hardware and Software as part of its standard package if required for offshore services. In case any Hardware / Software are required in addition to this the same shall be paid by Customer.

Standard Hardware and Software:

Software Configuration

Apart from the hardware & software listed above, Consultant also allocates shared hardware & other IT Infrastructure Resources, as listed below:-

  • Backup Space
  • Central Antivirus Server
  • Secured Shared Internet Access
  • Windows Server Update Services (WSUS)
  • Windows Domains Controller

*Note – Shared internet access is provided in the ratio of 2 Mbps per 100 resources, inclusive of browsing and VPN connectivity.